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(영문) 청주지방법원 2021.03.11 2020고단2308

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2007, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of road traffic laws at the Jeju District Court on March 16, 2007. On July 20, 2017, the Cheongju District Court received a summary order of 6 million won of fine due to a violation of road traffic laws.

On November 8, 2020, around 17:36, 2020, the Defendant driven a CAWn-purd-purd-purd-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pured-pur

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of drinking;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is necessary to strictly punish the accused in light of the following: (a) the observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act, including the previous conviction as stated in its reasoning, and the fact that the criminal record of driving like drinking is four times

However, in light of the fact that the Defendant recognized the crime of this case as well as the fact that he did not repeat again while going against the wrongness, the aforementioned drinking driving criminal records are both fines except for one time before and after the suspension of the execution of the sentence in 2007 among them. Taking into account all the sentencing factors indicated in the records and theories of this case, including the degree of alcohol concentration and driving distance, the Defendant’s age, sex behavior, environment, and circumstances after the crime, etc., the suspended sentence is to be imposed only once on the condition of protection and observation to prevent recidivism and community service order, and the sentence is to be determined as the same as the order.