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(영문) 청주지방법원 2020.10.29 2020고단1664

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

On October 30, 2007, the defendant issued a summary order of one million won or more due to the violation of the Road Traffic Act at the Cheongju District Court on October 30, 2007, and the same criminal records are more than twice.

Nevertheless, at around 22:20 on May 12, 2020, the Defendant driven an E QM6 vehicle under the influence of alcohol concentration of about 0.067% at the section of approximately 900 meters from the Do in front of the D market in the Yeong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant repeats again even though he/she had drinking power several times: Provided, That there is no record of punishment exceeding a fine and the fact that the blood alcohol concentration level has not significantly increased, etc., the punishment shall be determined as shown in the disposition, taking into account all all circumstances