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(영문) 청주지방법원 2019.10.24 2019고단1679
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 March 12, 2011, the Defendant issued a summary order of KRW 2 million at the Daegu District Court as a crime of violation of the Road Traffic Act.

On July 11, 2019, at around 02:20, the Defendant driven a car in C Coin with approximately 1 km from the Dotan-ri in the early middle of the Chungcheong-gun to the front roads of the same Gun, while under the influence of alcohol of 0.127% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control of drinking driving;

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

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 amendment of the law that reflects the social consensus that the punishment for drunk driving should be strengthened due to favorable circumstances and the seriousness of harm caused by drunk driving and the high recidivism rate of drinking drivers, such as the fact that the crime of sentencing under Article 62-2 of the Criminal Act is recognized and wrong, traffic accidents, etc. are not serious result, there is no record of heavy punishment exceeding fines, and the fact that driving is not repeated in a short term, etc. is not repeated in a short term, etc. The amendment has been made. The defendant's age, character and behavior, the degree of alcohol concentration, and the circumstances before and after the crime, etc. of this case and all other circumstances that are the sentencing conditions specified in the records and arguments of this case, including the criminal record and the judgment of the court below, have been implemented.

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