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(영문) 청주지방법원 2020.10.08 2020고단1366

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

[Power of sound driving, etc.] On September 16, 2008, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) from the Cheongju District Court.

【Criminal Facts】

On July 11, 2020, at around 10:23, the Defendant driven a F rocketing car in the state of alcohol alcohol concentration of about 0.066% from the front of the petition site B to the front of the road located in the same Gu D, from around 300 meters to the front of the road in the same Gu.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the blood alcohol concentration is relatively low and that the person appears to be a night-time driver due to the math of the preceding day);

1. Article 62 (1) of the Criminal Act (including the cases where he/she commits an error and has an neglected family member, and there exists no penalty power exceeding the fine, in which case he/she has been punished);

1. Order to attend lectures under Article 62-2 of the Criminal Act;