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(영문) 청주지방법원 충주지원 2019.02.20 2018고단722

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On January 18, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and KRW 5 million for a crime of violation of the Road Traffic Act at the Chungcheong District Court on January 22, 2016.

【Criminal Facts】

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act more than twice, at around 23:45 on November 27, 2018, the Defendant driven an ENEW franchise-based car under the influence of alcohol with approximately 70 meters in the section of about 0.153% of blood alcohol concentration from the front of the “C” main point located in the Chungcheongnam-gun Group B, Chungcheongnam-do, the same Eup to the front of the “D Jongwon” road located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A previous conviction: An inquiry letter and the application of Acts and subordinate statutes governing the same type of power;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the distance from discretionary driving is relatively short);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;