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(영문) 청주지방법원 2020.08.06 2020고단872
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

[Around November 19, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court.

【Criminal Facts】

On April 18, 2020, around 00:32, the Defendant driven a DK9 car owned by the Defendant under the influence of alcohol content 0.159% from the front of the Cheongju District Court located in Seo-gu, Seo-gu, Seowon-si to the front road located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to the front road located in Seo-gu, Seo-gu, Seo-gu, Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A written appraisal;

1. A scene of an accident or photograph of an accident vehicle;

1. A statement on criminal records, etc.;

Application of investigation report (verification of Suspect Driving Force) 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 which choose the penalty;

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

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

1. An order to attend a course of sentencing under Article 62-2 of the Criminal Act shall be punished corresponding to the criminal liability of the accused on the grounds of the punishment, such as the records of drinking alcohol, the degree of blood alcohol alcohol and the circumstances of drinking driving, etc., and the punishment shall be determined in consideration of the fact that the accused is the most likely to support two children living together with his/her spouse, and that drinking driving led to an accident, but only the accused did not cause serious damage, and that only his/her serious

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