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(영문) 청주지방법원 2019.06.27 2019고단721
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

1. On October 17, 2008, the Defendant received a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on October 17, 2008. On June 30, 2016, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).

2. On March 28, 2019, the Defendant driven C SP car while under the influence of alcohol of about 0.063% of alcohol alcohol concentration at a section of approximately 500 meters near the 500-meter road near the Jincheon-gun B Sports Park.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Article 44(1)1 and Article 44(1)4 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are recognized as the crime of sentencing, and the same crime has no record of being sentenced to more severe punishment than fines, and the repetition of drunk driving, such as the necessity of strict punishment for drunk driving, the defendant's age, character and behavior, motive for the crime, blood alcohol concentration of this case, the details of the defendant's punishment for the same crime, and the circumstances before and after the crime, etc. shall be determined as ordered by taking into account all the circumstances, including the records and arguments of this case.

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