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(영문) 청주지방법원충주지원 2020.12.11 2020고단521
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 March 16, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on March 16, 2012, and a summary order of KRW 4 million with the same crime in the same court on March 10, 2017, respectively.

On August 12, 2020, at around 02:05, the Defendant driven a DK 3 car from around 30 meters away from the 30-meter radius to the C-ro in B, while under the influence of alcohol of 0.178% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records: Application of criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 execution of a sentence shall be suspended within the scope of discretionary mitigation, and probation and an order to attend lectures shall be imposed for supervision and education, in consideration of the fact that the defendant has been sentenced to imprisonment three times for the reason of sentencing under Article 62-2 of the Criminal Act, considering the fact that he/she has a criminal record of the same kind of punishment as that of the probation and order to attend lectures;

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