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(영문) 청주지방법원 2019.10.24 2019고단1661
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 October 13, 2015, the Defendant issued a summary order of KRW 5 million at the Cheongju District Court for the crime of violation of the Road Traffic Act.

At around 14:30 on June 29, 2019, the Defendant driven a DNA car from approximately 50 meters from the front side of the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, to the front road of the same Gu, while under the influence of alcohol of 0.131% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. An accident vehicle photograph;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of 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 amendment of the law that reflects the seriousness of the harm caused by the reason of sentencing under Article 62-2 of the Criminal Act and the high rate of recidivism by drinking drivers is formed and implemented. Although the defendant had the record of punishment due to drinking driving, including the previous conviction in the judgment, he recognizes the disadvantageous circumstances and crime, such as drinking and driving of a vehicle, and there is no record of being sentenced to a fine exceeding the fine, there is no record of being sentenced more severe punishment, and other favorable circumstances such as the defendant's age, character and behavior, motive for the crime, concentration of blood alcohol, and circumstances before and after the crime, etc., and all other circumstances that constitute the sentencing conditions specified in the records and arguments of this case including the records and arguments of this case shall be determined as ordered.

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