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(영문) 청주지방법원 2021.03.09 2020고단2238

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 17, 2018, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court Branch Branch on April 17, 2018.

around 03:05 on March 27, 2020, the Defendant driven a Frash car in the state of alcohol alcohol concentration of about 4.6 km from around 0.124% in blood, from the front of the “C convenience store” in Heung-gu Seoul Metropolitan Government, Chungcheongnam-si, to the front road of the “E” located in Seo-gu, Seo-gu, Seo-gu, Seo-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver in charge of drinking, report on the results of crackdown on drinking driving, case processing table of 112, and photograph of a CCTV-cape;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The crime of driving under influence of alcohol with the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) is a serious crime that may harm not only the driver himself/herself but also other persons who committed the crime.

Even though the defendant had a history of criminal punishment for committing the crime of drinking driving, the defendant committed the crime of drinking driving of this case, and the degree of alcohol concentration in blood at the time of committing the crime, and thus, is more serious.

In particular, the Defendant, while being sentenced to a suspended sentence of imprisonment due to a crime of violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.), shows the attitude of disregarding the legal order by lowering the crime of drinking alcohol driving in this case during the suspended sentence.

One kind of drinking driving crime of this case did not lead to a traffic accident.

In this court, the defendant recognized the crime of this case and did not repeat it in the future, and is able to lead the most faithfully.

The age, sex, environment of the defendant, and others.