(영문) 청주지방법원 2019.10.24 2019고단1707

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(영문) 청주지방법원 2019.10.24 2019고단1707

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 March 17, 2015, the Defendant issued a summary order of KRW 1.5 million at the Cheongju District Court for the crime of violation of the Road Traffic Act.

On August 2, 2019, the Defendant, while under the influence of alcohol of 0.160% on blood alcohol level at around 15:19, driven a Dworke car at the c auction site located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gu, Daejeon, to reach the front line of Daejeon Daejeon-gu, Daejeon 268km.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Control note;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 amendment of the law that reflects the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized as the crime of sentencing, the fact that there is no record of punishment heavier than the fine, the fact that the same crime does not repeat the short-term driving, and the seriousness of the harm caused by the drinking driving and the high recidivism rate of the drinking drivers, etc., has been implemented, and the social consensus that the punishment for the drinking driving has to be strengthened due to the seriousness of the harm caused by the drinking driving and the high recidivism rate of the drinking drivers has been implemented. Although the defendant's previous conviction and the criminal records for the drinking driving were added, the vehicle driving in the state of drinking and driving on the expressway could have a significant result due to the driving on the expressway at the same time, the sentence as the order shall be determined by comprehensively taking into account all other unfavorable circumstances, such as the defendant's age, character and behavior, motive for the crime, concentration of the blood alcohol of this case, and

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