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(영문) 청주지방법원 2020.12.23 2020고단1987

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 December 21, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Cheongju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 17, 2020, at around 01:25, the Defendant driven Epoter vehicle under the influence of alcohol content of about 0.116% from the 5km section from the front of the petition-gu, Cheongju-si to the front of the D convenience store located in Seo-gu, Seo-gu, Seo-si, Seo-si to the front of the D convenience store in Cheongju-si.

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. The circumstantial statement of a drinking driver, investigation report (report on the circumstance of a drinking driver), notification on the control results of drinking driving, and investigation report;

1. Previous convictions indicated in judgment: Inquiry records into criminal records and application of Acts and subordinate statutes concerning summary order;

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

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

1. One year to two years and six months from the date of imprisonment with prison labor for the applicable sentencing period under Article 62-2 of the Criminal Act;

2. One year of imprisonment with prison labor for a decision of sentence, and two years of suspended sentence: The circumstances favorable to the defendant who has a record of drinking driving: The defendant reflects the crime of this case, and the above circumstances shall be determined as per the order, comprehensively taking into account the age, character, environment, motive, means and consequence of the crime of this case, and the conditions before and after the crime;