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(영문) 청주지방법원충주지원 2020.09.25 2020고단431
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 21, 2013, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Chungcheong District Court.

At around 23:00 on June 29, 2020, the Defendant driven a DNA car from around 600 meters away from the Haju-si Haju-si roads to the roads adjacent to the Haju-si, Chungcheongnam-si, the Defendant was under the influence of alcohol of approximately 0.146% of blood alcohol concentration.

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 records, inquiry reports, investigation reports (verification of the same kind of records), three copies of summary order, and application of two copies of judgment to the Acts and subordinate statutes;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include four identical criminal records for the defendant, among which one of them is the previous criminal records of the suspension of the execution of imprisonment, the sentence shall be imposed in consideration of the fact that the latter is the previous criminal records of the suspension of the execution of imprisonment, but the sentence shall be imposed within the scope of discretionary mitigation in consideration of the fact that the latter was seven years prior

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