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(영문) 청주지방법원 충주지원 2020.05.08 2020고단82
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 9, 2008, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on October 9, 2008, and on June 12, 2013, the same court was sentenced to a fine of KRW 5 million as a crime of violating the Road Traffic Act (Refusal of measurement) in the same court.

On January 19, 2020: (a) the Defendant was under the influence of alcohol content of approximately 0.117% on blood alcohol content on January 19, 2020; (b) the Defendant driven the Esch Rexton car from approximately 400 meters away from the front of the Defendant’s residence in the Chungcheong voice Group B to the front of the “D” in C.

As a result, the Defendant violated the prohibition of drinking driving and drinking refusal to take a drinking test 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 results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Criminal records, correspondence records, two copies of summary order, application of statutes of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Imprisonment or imprisonment);

1. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was the same three times of fines for the defendant, the record of the four times of suspended sentence of imprisonment, and the records of multiple different types of fines, it is difficult to correct the character and behavior of the defendant due to the treatment within society.

At present, there is no reason for sentence of a sentence, even though there is no reason to impose a sentence, such as being aware of the fact that a person is under trial due to obstruction of performance of official duties, and being aware of the fact that the person who made the report's rejection of drinking driving, etc.

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