(영문) 청주지방법원 2020.08.06 2020고단890

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(영문) 청주지방법원 2020.08.06 2020고단890

도로교통법위반(음주운전)등

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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 14, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Daejeon District Court on November 14, 2008; on July 14, 2014, the Daejeon District Court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act; on May 11, 2015, the Defendant was sentenced to a summary order of KRW 7 million for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

1. Around 18:10 on April 4, 2020, the Defendant, while driving a vehicle B E Q90 with a blood alcohol concentration of 0.103% and driving a two-lane road in the front section of the Cheongju City with two-lanes from the 2nd section of D, the Defendant, while under the influence of alcohol, failed to keep the front section and the left and right on the road while under the influence of alcohol, failed to take a necessary measure and stop the repair cost of the said telegraph to the front part of the said vehicle, which was installed on the right side of the said vehicle by the Korea Electric Power Corporation and Korea Electric Power Corporation established on the right side of the said vehicle.

2. Around 18:10 on April 4, 2020, the Defendant driven a vehicle B E Q90 with a blood alcohol concentration of 0.103% from the 10km section from the construction site before the construction site of Cheongju-si to the road in substantial front of Cheongju-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, and report on the results of the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes of two copies of criminal records, reply reports, one written judgment, and summary order;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 1489 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 of the Criminal Act:

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