beta
(영문) 청주지방법원 충주지원 2019.10.11 2019고단497

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 4, 2016, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on November 4, 2016, and was issued four times before the same criminal record.

【Criminal Facts】

On August 2, 2019, around 16:30 on August 2, 2019, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of approximately 0.243% from the 10km section to the roads of the E Stoping area D located in Chungcheongnam-si, Chungcheongnam-si.

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 circumstances of an immigration driver);

1. Criminal records: Criminal records, reply reports (A), investigation reports (formers and verifications), and application of Acts and subordinate statutes of Part IV of the summary order;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, order to attend education, the high alcohol concentration of the reasons for sentencing under Article 62-2 of the Criminal Act, and the fact that a person again commits a crime even though he/she has been subject to several criminal punishments due to driving without a license for driving under drinking, etc., he/she shall be selected by taking into account the circumstances of the crime, the period of drunk driving, the period of recidivism (no criminal record exceeding a fine), the circumstances after the crime, and other sentencing conditions, and the execution