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(영문) 청주지방법원 2019.10.10 2019고단1434
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 1, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of the Road Traffic Act (driving) at the Cheongju District Court on July 24, 2009, a summary order of KRW 500,000 as a fine for a crime of the Road Traffic Act (driving) at the Incheon District Court on July 24, 2009, and on April 22, 2014, a summary order of KRW 5 million was issued by the Cheongju District Court on April 22, 2014.

【Criminal Facts】

On June 30, 2019, at around 0:20, the Defendant driven the Danland at approximately 3km section from the front of the Confucian School in the Cheongju-dong, a considerable amount of 0.164% of alcohol alcohol level, to the front of the Cheongju-si, a Cheongju-si, the Defendant driven the Danland at approximately 3km section from the front of the Cheongju-si, a Cheongju-si, a Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of notification of the control of drinking driving;

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

1. A report on internal investigation:

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

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. Article 62 (1) of the Criminal Act;

1. Although the social consensus has been formed that the punishment for drunk driving should be strengthened due to the seriousness of the harmful effects caused by the reason of sentencing in Article 62-2 of the Criminal Act and the high recidivism rate of drunk drivers has been implemented, the defendant drives a vehicle in the state of drinking, and the defendant recognizes the disadvantageous circumstances and crimes, such as the fact that there are several times of punishment records due to drunk driving, and the fact that there are no records of severe punishment exceeding the fine, there is no history of repeating the fine, the fact that the driving of the vehicle is not repeated in the short term, and the fact that it seems that the defendant is trying to not repeat the crime, such as selling the vehicle, etc., other favorable circumstances such as the defendant's age, character and behavior, motive, motive of the crime, the degree of alcohol alcohol, and the circumstances before and after the crime, etc.

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