(영문) 청주지방법원 2020.06.04 2020고단287

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Reasons

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(영문) 청주지방법원 2020.06.04 2020고단287

도로교통법위반(음주운전)

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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 July 15, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court, and on September 3, 2014, Cheongju District Court issued a summary order of KRW 4,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on September 3, 2014. However, on January 26, 2020, the Defendant violated the provision of “Prohibition of Driving under the influence of alcohol” at least twice in the 3km section from B located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul to the front day of the Yandong-dong, Seoan City until 0.073% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of the Act and subordinate statutes concerning criminal records and summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is subject to the third criminal punishment due to drunk driving. The punishment shall be determined by taking into consideration the blood alcohol concentration, hours of drinking alcohol, the amount of drinking alcohol after drinking, the circumstances leading to driving, the place of driving, driving distance, the circumstances regulating the occurrence of an accident, and the period of recidivism, etc., and the punishment corresponding to the criminal liability as stated in the crime shall be imposed. The punishment shall be determined in consideration of the fact that there is a profound reflect on mistake, a stable occupation exists, and there is no history of punishment exceeding the fine.

참조조문

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