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(영문) 청주지방법원 제천지원 2020.07.23 2020고단199
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 November 24, 2015, the defendant is a person who has received a summary order of a fine of 4.5 million won for a violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District on November 24, 2015.

Nevertheless, on May 9, 2020, the Defendant driving a C-hurd motor vehicle under the influence of alcohol content 0.139% at the section of approximately 1.5 km from the road where the detailed address in the upper gale of the Yanyang-gun is unknown at around the end of May 9, 2020 to the road above B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes after investigation (the re-offending of sound driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

There is a record of punishment as a fine for a violation of the Road Traffic Act in 2015.

A favorable circumstance: At the time of committing a crime, a mistake is divided.

There is no record of criminal punishment except for a fine imposed once by fine.

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