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(영문) 청주지방법원 충주지원 2019.05.24 2019고단202
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 February 27, 2015, the Defendant received a summary order of a fine of KRW 4 million from the Chungcheong District Court's Chungcheong Branch on February 27, 2015, and a summary order of KRW 1.5 million from the same court on June 27, 2016.

On March 30, 2019, at around 03:10 on March 30, 2019, the Defendant driven a B-hand car with a blood alcohol concentration of about 3km from the cross-deflation of the trade name in Yeonsu-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the wooden range of events in Chungcheongnam-si, Chungcheong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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 of a suspect), and application of Acts and subordinate statutes in Part II of the summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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, and order to attend a lecture twice or more times within five years of the reason for sentencing under Article 62-2 of the Criminal Act, and the crime is repeated within a short period of time, and the degree of blood alcohol concentration at the time of driving under the previous influence of alcohol (0.16%, 0.084%) is high (see, e.g., Supreme Court Decision 0.16%, 0.084%). Such circumstances and details of the crime, degree of alcohol concentration at the time of driving under the previous influence of alcohol, etc.; however, a sentence shall be imposed in consideration of the criminal records (no record of being punished for any other

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