beta
(영문) 청주지방법원 2020.09.22 2020고단1109

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 26, 2013, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act from the Suwon District Court.

On May 30, 2020, at around 00:05, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.237% in the section of approximately 2 km from the Cheongdong-gu, Hoju to the roads of Dinging practice room in C, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.237%.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (including the fact that there is no history of criminal punishment heavier than a fine for traffic crime, and the fact that the defendant supports his/her family member and is the most supported by his/her family member and is living conscientiously without reoffending in the future);

1. Article 62-2 (1) of the Criminal Act regarding community service order;