(영문) 청주지방법원 2020.11.26 2020고단966

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(영문) 청주지방법원 2020.11.26 2020고단966

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 September 29, 2017, the Defendant issued a summary order of a fine of KRW 3 million at the Cheongju District Court for a violation of the Road Traffic Act (driving) and the same criminal records are more than twice.

Nevertheless, at around 21:30 on March 21, 2020, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.178% at the section of approximately 4.5 km from the Do in the Do of Heung-gun of the Chungcheongnam-gun of the Chungcheongnam-do to the front road of the C cafeteria located in the Chungcheongnam-gun of the Chungcheongnam-gun of the Chungcheongnam-do.

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 Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.);

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 reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment of the defendant inasmuch as he/she committed the instant crime even though he/she had committed the instant crime, including the previous conviction in the judgment of the court.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and committed the instant crime, and against the mistake, the Defendant did not repeat the crime; (b) both the previous convictions are fines; (c) the Defendant has no record of criminal punishment exceeding the fines; (d) the degree of blood alcohol and driving distance of the instant case; and (e) the Defendant’s age, character and conduct, and conditions of sentencing specified in the records and arguments, including the circumstances before and after the instant crime.

참조조문

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