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(영문) 청주지방법원 충주지원 2019.08.13 2019고단332

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

On September 14, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million with the same court on November 9, 2009 with the same crime in the same court.

On June 9, 2019, at around 14:37, the Defendant driven a D-wing truck under the influence of alcohol concentration of 0.286% in front of the “C-cafeteria” located in the C-Class B, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal records, reply reports (A), investigation reports (reports on the confirmation of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act with a high blood alcohol concentration, and the fact that a person again commits a crime even though having been subject to several criminal punishments due to driving without a license for drinking driving, etc., a person is selected to be sentenced to imprisonment with prison labor, taking into account the circumstances of the crime, the fact that the period of drunk driving is near ten years, the history of the crime, the circumstances after the crime, and other sentencing conditions, and the execution