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(영문) 청주지방법원 2020.08.20 2020고단908
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 November 2, 2009, the defendant issued a summary order of a fine of two million won by the Cheongju District Court for the crime of violation of the Road Traffic Act in the Cheongju District Court on November 2, 2009 and the same criminal records are more than three times.

Nevertheless, on April 11, 2020, at around 03:13, the Defendant driven a motor vehicle Ewing and Ⅲ flucing cargo under the influence of alcohol concentration of 0.140% at a section of about 0.4km from the Do in front of Cratin in the Chungcheongbuk B to the alley of the D apartment and the alley road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to attend the course of sentencing under Article 62-2 of the Criminal Act shall be subject to punishment corresponding to the criminal liability shown on the grounds of sentencing, records of drinking alcohol, degree of blood alcohol and the circumstances of drinking driving, etc., and the punishment shall be determined in consideration of the fact that there are no errors, the occurrence of personal damage and the fact that there are many kinds of penalties, but all of them have passed more than ten years;

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