beta
(영문) 청주지방법원 2019.03.13 2019고단57

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 July 14, 2008, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on July 14, 2008. On September 4, 2014, the Defendant was punished by imprisonment for eight months and two years of suspended execution. On November 27, 2015, the Daejeon District Court was punished by a fine of three million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 21, 2018, the Defendant was under the influence of alcohol at around 21:09 and at around 0.170% of blood alcohol concentration, and the Defendant driven C Lasta car from before and after the Cheongju-si, Seowon-gu, Seowon-gu, to the roads in front of the next apartment of approximately 1 kilometer.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. One year to three years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. One year of imprisonment with prison labor for a decision of sentence, and two years of suspended sentence: The circumstances favorable to the two-year period of suspended sentence: The defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the conditions before and after the crime are committed, shall be determined as ordered by the decision, comprehensively taking into account the above circumstances;