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(영문) 청주지방법원 충주지원 2021.01.15 2020고단566

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 25, 2008, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to a violation of road traffic law in the Youngju District Court's Yeongdeungpo-dong, and was sentenced to a summary order of 1.5 million won of a fine for a violation of road traffic law at the Cheongju District Court's District Court on June 8, 2017, and was sentenced to six months of imprisonment and two years of suspension of execution. < Amended by Act No. 1548, Jul. 26, 2018; Act No. 1548, Jul. 26, 2018>

On August 9, 2020, the Defendant driven a D 2 truck from the 33km section to the road near the “C” located in the same Gun, which is located in the 1642, 1642, a voice from the 1642, a voice from the erode of the erode of the Chungcheongnam-gun, in a state of alcohol concentration of approximately 0.149% among blood transfusions.

Accordingly, the Defendant violated the prohibition of drinking driving and drinking refusal measurement more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, six copies of the judgment, and Acts and subordinate statutes of Part IV of the summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of imprisonment shall be imposed in consideration of the fact that there are many criminal records of the same kind in the punishment of punishment, including the observation of protection, community service order and order to attend lectures, and the execution of punishment shall be suspended within the extent that the amount of punishment is mitigated in consideration of the defendant's reflective attitude, family relationship, etc. and the protection observation and the community service order and order to attend lectures shall