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(영문) 청주지방법원 2020.11.26 2020고단1872

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 May 31, 2017, the defendant was sentenced to a suspended sentence of two-year imprisonment in the Cheongju District Court for the violation of the Road Traffic Act (LA).

On June 7, 2020, the Defendant, while under the influence of alcohol at 0.198% of alcohol level, driven the E-wing-III truck from approximately 100 meters away from the roads of “C” located in Seo-gu, Seo-gu, Cheongju to the roads of the same Gu.

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. Photographs of the accident site;

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) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that an order to attend a course has been repeated even though it had the same criminal history of punishment, and circumstances favorable to drinking water: The fact that an offense is divided and reflected, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and behavior, environment and circumstances before and after the offense, shall be determined