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(영문) 청주지방법원 충주지원 2020.04.01 2020고단58

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by one year and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Criminal facts

[criminal power] On January 12, 2015, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 4.5 million for the same crime at the Suwon District Court on June 27, 2018.

【Criminal Facts】

On December 18, 2019, at around 23:38, the Defendant driven a F bargaining car under the influence of alcohol with approximately 3km alcohol concentration of 0.063% from the 3km section to the front road of the “Emart” located in the Empt B located in the Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the Criminal Act shows the attitude of the Defendant to recognize and reflect his/her wrongness in the court. The Defendant was not punished by a fine exceeding the fine. In addition, the Defendant considered the degree of the punishment at the time, the timing of drunk driving, the frequency of recidivism of the same kind, the circumstances and method

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;