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(영문) 청주지방법원 영동지원 2020.04.23 2020고단10

도로교통법위반(음주운전)

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Defendant shall be punished by imprisonment for a term of one year and six months.

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 May 24, 2008, the Defendant was issued a summary order of KRW 70,00,000 as a crime of violating the Road Traffic Act, at the Daejeon District Court on July 31, 2008, while driving a motor vehicle under the influence of alcohol level of 0.091%.

(208 Highest 14516) On November 28, 2019, the Defendant driven a bX21242-person bus under the influence of alcohol leveling 0.243% from the 3km section to the national highways of the 3km-gun, Chungcheongbuk-gun, the Defendant was under the influence of alcohol leveling from around 20:00 to around 20:07 on the same day.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Notification of the results of the control of drinking driving, consent to blood collection and written confirmation, and written appraisal of blood alcohol;

1. Criminal records indicated in the judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers themselves but also other people's life and body. As social damage caused by drinking driving increases, it is necessary to impose heavy liability on drinking drivers.

As seen earlier, the Defendant, in addition to the punishment for a violation of the Road Traffic Act, has been punished on April 20, 200, by driving a motor vehicle without a driver's license on April 20, 200, and has been punished for a violation of the Road Traffic Act on several occasions.

Nevertheless, the Defendant is also running under the influence of alcohol.