(영문) 청주지방법원 2020.12.10 2020고단1940

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Reasons

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자간(%)

(영문) 청주지방법원 2020.12.10 2020고단1940

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 9, 2016, the Defendant received a summary order of KRW 2,50,00 from the Suwon District Court's Ansan Branch as a crime of violating the Road Traffic Act.

On September 25, 2020, at around 02:36, the Defendant driven the E-wing three cargo vehicles, while under the influence of alcohol of about 0.113% of alcohol concentration, from the DB located in the same Gu C, from the dwelling of the Defendant located in the Gu Office B, to the front road, DB located in the same Gu C, and from approximately 1.5km to the front road.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal records;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant committed a crime again even though he had had the record of punishment several times due to drinking driving before, and that drinking water is not low: The circumstances favorable to the fact that the defendant has committed a crime; the fact that the punishment exceeding the fine is divided and reflected; the defendant has no record of punishment; and the defendant has the intention to prevent recidivism, such as his age, character and behavior, environment, and circumstances before and after the commission of the crime; and the defendant has continued to receive counseling and treatment related to drinking during the trial, etc.; and the punishment is determined as per the

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