(영문) 청주지방법원충주지원 2020.11.13 2020고단441

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원충주지원 2020.11.13 2020고단441

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 16, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for a crime of violation of the Road Traffic Act, and on February 18, 2016, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the same crime.

around 05:48 on June 28, 2020, the Defendant driven a vehicle E in the section of approximately 1.1km from around the cafeteria of “C headrhoe C headrhoe shop” to D apartment while drunking 0.338% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Investigation report (as to the distance of driving under the influence of a suspect);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 and an order to attend lectures shall be imposed within the scope of discretionary mitigation in consideration of the fact that the defendant has a high blood alcohol level on the grounds of sentencing under Article 62-2 of the Criminal Act and has two same criminal records on the grounds of sentencing, and the defendant has no criminal records on the same kind of probation, etc., within the scope of discretionary mitigation, taking into account the fact

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