(영문) 청주지방법원 2020.12.10 2020고단1678

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2020.12.10 2020고단1678

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 April 6, 2017, the Defendant issued a summary order of KRW 2 million at the Cheongju District Court on the charge of violation of the Road Traffic Act (driving) and other same records of the same kind.

Nevertheless, at around 00:20 on July 23, 2020, the Defendant driven a e-car under the influence of alcohol concentration of about 0.130% in the 1km section from the front of the Heung-gu Seoul Metropolitan City B convenience store on the Cheongju-si B Do, Chungcheongnam-gu to the front of the Cheongju-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment of the defendant inasmuch as the defendant committed the instant crime even though he/she had a previous conviction of the same kind of drinking driving, as in the judgment of the court below.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and committed the instant crime, and against the mistake, the Defendant did not repeat the crime; (b) both the previous convictions are fines; (c) the Defendant has no record of criminal punishment exceeding the fines; (d) the degree of blood alcohol and driving distance of the instant case; and (e) the Defendant’s age, character and conduct, and conditions of sentencing specified in the records and arguments, including the circumstances before and after the instant crime.

참조조문

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