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(영문) 청주지방법원 2019.07.02 2019고단315
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

【Criminal Power】 On December 21, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court, and KRW 3.5 million as a fine for a violation of the Road Traffic Act at the Chungcheong District Court on May 16, 2012.

【Criminal Facts” around 01:10 on February 2, 2019, the Defendant driven Cschtonton car under the influence of alcohol 0.103% of alcohol concentration in the middle of the 292 student education and cultural center street to the same airport from the petition-gu B apartment at Cheongju-si to the same airport.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of an employee;

1. Statement of control;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (Taking into account the fact that a person has no previous conviction heavier than a fine and the fact that he/she reflects it);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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