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(영문) 청주지방법원충주지원 2020.09.11 2020고단387
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 14, 2017, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., by the Cheongju District Court, and the execution of the sentence was terminated by the Cheongju Prison on September 18, 2018. On June 21, 2019, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., and was appealed by the Cheongju District Court on June 21, 2019, and was still pending in the Supreme Court on February 18, 2020, and was dismissed on March 13, 2020.

On March 5, 2008, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Chungcheong District Court's Chungcheong Branch on March 5, 2008. On November 13, 2009, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) from the Chungcheong District Court's Chungcheong Branch on November 13, 2009. On July 7, 2010, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) from the Chungcheong District Court's Chungcheong Branch on July 7, 2010.

On May 31, 2020, the Defendant, while under the influence of alcohol about 0.035% of blood alcohol concentration on May 10:15, 202, driven CPoter 2 freezings from the front side of the Chungcheong apartment to the Yancheon-dong 832-2, Chungcheongnam-si, Chungcheongnam-si, Chungcheong City.

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. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the same kind of records), 11 copies of judgment, two copies of summary order, investigation reports (verification of the fact that the period of repeated crime is in duration), six copies of judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

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 reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is the crime during the period of repeated crimes, and a number of criminal offenses including the same criminal records.

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