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(영문) 청주지방법원 충주지원 2019.07.12 2019고단260
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 April 21, 2019, at around 05:35, the Defendant driven an Era vehicle from around 11 km to the roads of convenience stores located in the Chungcheong-gun B, Chungcheong-gun, the Defendant driven an Era vehicle from around 0.128% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of each accident site;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of the traffic accident report (1) (2) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The second sentence of Article 62-2 of the Criminal Act on the grounds of probation, community service order, and order to attend a lecture, despite the record of drinking and drinking accidents, was conducted again for three years, and the occurrence of accidents. The crime is repeated in a short period. The crime is committed in a short period. The degree of blood alcohol level at the time of driving under the previous influence of alcohol is high (0.158%). In addition, in consideration of these circumstances, a sentence shall be determined by taking into account the records of the crime (including the record of punishment for crimes other than a fine prior to and once due to the driving under the influence of alcohol), circumstances after the crime, and other sentencing conditions, and the execution of the sentence shall be suspended, but probation, community service order, and order to attend a lecture shall be added to prevent recidivism.

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