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(영문) 청주지방법원 2020.10.08 2020고단1111

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 April 14, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court.

【Criminal Facts】

On June 4, 2020, at around 23:14, the Defendant driven C vehicle under the influence of alcohol content of about 200 meters from the front day of the frequency of the trade infinite-dong located in Heak-gu, Chungcheongnam-gu to the front day of the Sinju-si B market.

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. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

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. The punishment shall be determined in consideration of the fact that an order to attend a lecture is sentenced to imprisonment with prison labor in consideration of the circumstances of drinking driving, danger, etc., a mistake is divided in depth and the old and the old are supported by the old and the children, etc., although the sentence of Article 62-2 of the Criminal Act has lapsed.