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(영문) 청주지방법원 제천지원 2019.08.29 2019고단220

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 June 23, 2019, at around 00:19, the Defendant driven C Launa car with approximately 20 meters of alcohol level 0.213% under the influence of alcohol level at the front of the B apartment parking lot in 00:19.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, investigation reports, and results of crackdown on drinking driving;

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; Act No. 16037, Jun. 25, 2019);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: The Defendant was punished two times between 2001 and 2007 as drunk driving.

(two times a fine). The blood alcohol concentration is very high.

The favorable circumstances: The mistake is recognized and reflected.

The driving distance is very short.