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(영문) 청주지방법원 충주지원 2019.10.11 2019고단495

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

around 16:05 on May 19, 2019, the Defendant driven a F rocketing car at approximately 1 km from the front of the restaurant located in the Chungcheong-gun B to the front of the hospital located in D, while under the influence of alcohol of 0.22% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on circumstantial statements of a driver of the driving school;

1. A report on investigation;

1. Application of Acts and subordinate statutes to notification of a result of drinking control;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, with a high level of alcohol content, and the fact that a person committed a crime two times due to drinking driving even though he/she was subject to criminal punishment, etc., he/she is selected to be sentenced to imprisonment, taking into account the circumstances of the crime, period of recidivism, criminal records, circumstances after the crime, and other sentencing conditions, and probation, etc. shall be imposed in consideration of