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(영문) 청주지방법원 2020.06.04 2020고단303
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 December 20, 2010, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court on May 2, 201, a summary order of KRW 1,500,000 as a fine for the same crime in the same court on May 2, 2013, and a fine of KRW 7,00,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s Support for the Incheon District Court on May 20, 2016. However, on February 15, 2020, the Defendant driven from the road front of the Seowon-gu of the B University located in Seowon-gu, Seowon-si, Seowon-si to the road in front of the “D” located in Seowon-gu, Seowon-si, to the road in front of the “D”.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Control note;

1. Severbling control site photographs;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (verification of the same kind of power of a suspect);

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;

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

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and attending lectures was subject to the fourth criminal punishment due to drunk driving. The punishment shall be determined by taking into consideration the degree of alcohol alcohol, the time when drinking alcohol was taken, the amount of drinking alcohol after drinking, the circumstances leading to driving, the place of driving, driving distance, the degree of accident, the controlled circumstances, the period of recidivism, etc., and the punishment corresponding to the criminal liability as stated in the crime. However, the punishment shall be determined by taking into account the following factors: the defendant reflects the wrong; the defendant has a stable occupation and family members to support, and there is no penalty force

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