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(영문) 청주지방법원충주지원 2020.12.18 2020고단602
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 17, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 6 million as a fine at the Incheon District Court on June 14, 2016, from the same crime, etc.

At around 16:00 on September 26, 2020, the Defendant driven a Fsch Rex sports cargo vehicle with approximately 600 meters alcohol concentration of about 0.199% under the influence of alcohol at approximately 600 meters from the front of the Cmate in Chungcheong City B to the front of the E E in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement statement, investigation report, and table for request for appraisal of an employee;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 execution of a sentence shall be suspended and the probation shall be imposed within the scope of discretionary mitigation, considering the fact that the reasons for sentencing under Article 62-2 of the Criminal Act include two criminal records of the same kind and that the blood alcohol concentration is high; however, the execution of a sentence shall be suspended and considering the fact that the defendant has no criminal record of the same kind of suspended execution

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