(영문) 청주지방법원충주지원 2020.11.27 2020고단544

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원충주지원 2020.11.27 2020고단544

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the Chungcheong District Court’s Chungcheong Branch on May 29, 2013. On July 8, 2016, the Defendant was sentenced to a summary order of KRW 3 million for the same crime in the same court on July 8, 2016. On November 25, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

On July 28, 2020, the Defendant driven CM5 car under the influence of alcohol content of 0.226% from the distance on the section unclaimed land to the front road of Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. An accident site photograph, a traffic accident report, an appraisal report, and a report on detection of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, two copies of summary orders, and application of Acts and subordinate statutes of one copy of 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. The punishment shall be imposed upon the defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act in consideration of the following: (a) the defendant had three times the same criminal records for sentencing; and (b) one time the criminal records for the suspension of the execution of imprisonment; (c) the blood alcohol concentration of blood alcohol is high; and (d) traffic accidents leading to the shock of vehicles parked on the road due to a dry drinking driving; (c) the defendant reflects the principal offense; and (d) the decision shall be made within the scope of discretionary mitigation in consideration of favorable circumstances, such as the defendant’s disposal of vehicles; and (e) the decision made

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