(영문) 청주지방법원 2019.06.13 2018고단2329

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(영문) 청주지방법원 2019.06.13 2018고단2329

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 20, 2016, the Defendant received a summary order of KRW 1 million from the Cheongju District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act, and on December 3, 2008, the same court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

2. Around 01:50 on August 24, 2018, the Defendant driving a C-wing truck with C-wing cargo while under the influence of alcohol content of about 0.136% at the section of about 20 meters of the petition-gu, Cheongju-si.

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. A report on internal investigation:

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

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. In full view of all the circumstances, including the recognition of the crime of sentencing under Article 62(1) of the Criminal Act and the fact that the suspended sentence is against the mistake and mistake, the fact that there is no record of a heavy punishment exceeding the fine, the occurrence of traffic accidents, and the Defendant’s age, character and conduct, motive of the crime, the blood alcohol concentration of the instant case, and the detention for at least 20 days, the sentence as indicated in the records and arguments of the instant case shall be determined

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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