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(영문) 청주지방법원 2019.03.26 2018고단2729
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 June 24, 2009, the Defendant was issued a summary order of KRW 3 million at the Cheongju District Court for a violation of the Road Traffic Act, etc., and KRW 5 million for a crime of violation of the Road Traffic Act at the Cheongju District Court on January 18, 2012.

【Criminal Facts of Crimes】 On October 30, 2018, the Defendant driven DMW car in the state of 0.114% alcohol concentration at 0.14% while under the influence of alcohol in the front of the C Child Care Center located in Heung-gu Seoul Metropolitan City, Cheongju-si, Cheongju-si, from the rate-based 03:20 on October 30, 2018

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Requests for appraisal;

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. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that there is no past record of punishment heavier than the fine for the same kind of crime, and the fact that the crime is committed against the other person);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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