(영문) 청주지방법원충주지원 2020.10.27 2020고단490

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(영문) 청주지방법원충주지원 2020.10.27 2020고단490

도로교통법위반(음주운전)등

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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 January 22, 2009, the Defendant issued a summary order of KRW 1 million to the Cheongju District Court for a violation of the Road Traffic Act, and a summary order of KRW 5 million to the Cheongju District Court for a violation of the Road Traffic Act on August 2, 2018.

On August 9, 2020, at around 21:54, the Defendant driven D K7 cars while under the influence of alcohol with 0.141% alcohol level without obtaining a driver's license on the road at approximately 12 km from the front side of the Chungcheong City to the front side of the Chungcheong City.

As a result, the defendant violated the Road Traffic Act (driving) more than twice, and simultaneously drives without a license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. The register of driver's licenses for tea and cars;

1. Previous convictions indicated in judgment: Application of the total of four copies of the inquiry report on criminal records and the summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentence of imprisonment with prison labor shall be imposed on the accused for the reason of sentencing under Article 62-2 of the Criminal Act, considering his/her previous record of drinking alcohol and his/her previous record of one-time driver's license; however, the execution of his/her sentence shall be suspended within the scope of discretionary mitigation in consideration of the fact that he/she has no criminal records of probation or higher, and community service

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