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(영문) 청주지방법원 충주지원 2019.10.11 2019고단502
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2007, the Defendant was sentenced to a summary order of one million won or more for a crime of violation of the Road Traffic Act at the Cheongju District Court on March 23, 2007; on October 23, 2009, to a summary order of 1.5 million won or more for the same crime; on June 16, 2017, the Defendant was sentenced to a fine of seven million won or more for the same crime at the same court.

On August 3, 2019, at around 23:20, the Defendant driven Bho-man car while under the influence of alcohol content of about 0.193% in a section of about 500 meters from around the 50-meter radius to the front road of the Mamo-dong, Mamo-dong, Chungcheong Innovation City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Criminal records: Criminal records, reply reports (A), investigation reports (verification of the same criminal records as a suspect), written judgments, and summary orders; and

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, order to attend education, the high alcohol concentration of the reasons for sentencing under Article 62-2 of the Criminal Act, and the fact that a person again commits a crime even though he/she has been subject to several criminal punishments due to driving without a license for driving under drinking, etc., he/she shall be selected by taking into account the circumstances of the crime, the period of drunk driving, the period of recidivism (no criminal record exceeding a fine), the circumstances after the crime, and other sentencing conditions, and the execution

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