beta
(영문) 청주지방법원 2019.08.13 2019고단1179

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On February 1, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 300,000 as a crime of violation of the Road Traffic Act at the Suwon District Court’s site, and on October 31, 2007, the Defendant was sentenced to a summary order of KRW 2 million for the same crime at the same court on October 31, 2007. On June 24, 2010, the same court was sentenced to imprisonment for 6 months, suspension of execution of 2 years, order of attending education, and order of attending education on November 18, 201, and was sentenced to imprisonment for 3 months at the Chungcheong District Court on November 18, 201.

【Criminal Facts】

On May 9, 2019, at around 20:46, the Defendant driven a motor vehicle in E the test while under influence of about 0.107% of blood alcohol concentration from the front of the road located in Jincheon-gun B, Jincheon-gun B to the front of the same military as the area that was away from the Act on the Management of Land, Infrastructure and Transport.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents (handling details), notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification, etc. of the same kind of force), each summary order, and application of statutes governing judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); imprisonment (Multiple of the same kinds of electricity, including the real-use electricity);

1. Article 62 (1) of the Criminal Act on the suspended execution (the timing and frequency of the same kind of force, frequency of crimes, distance of drunk driving, and circumstances, etc. of the crime in this case);

1. Social service order under Article 62-2 of the Criminal Act;