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(영문) 청주지방법원 충주지원 2020.05.08 2020고단101

도로교통법위반(음주운전)등

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 October 4, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch Branch on October 4, 2007, and a summary order of KRW 3 million for the same crime at the same court on February 7, 2011.

On February 8, 2020, the Defendant, without obtaining a driver’s license on February 18, 2020, driven a d-wing 3 truck at approximately 2.5 km from the construction site to the front day of the C center for older persons located in B, as a drainage channel located in the atmosphere of the YA and the blood alcohol concentration of 0.118% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of the same type of force)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;