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(영문) 청주지방법원 2020.12.15 2020고단1354
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2006, the Defendant received a summary order of KRW 1.5 million from the Cheongju District Court on September 11, 2006 as a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the Cheongju District Court on July 20, 201 as a fine for a violation of the Road Traffic Act (driving).

At around 22:50 on June 27, 2020, the Defendant driven an E-motor vehicle under the influence of alcohol concentration of approximately 0.199% from the 4km section of Cheongju-si, Seowon-gu, Seowon-gu, Cheongju-si, to the front road of Cheongju-si.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the actual state of drinking drivers, and reports on the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on attachment of the same type of power) and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant has no history of criminal punishment heavier than a fine for traffic crime, the occurrence of human damage due to the drinking driving of the case does not occur, and the defendant recognizes the crime of the case and is living faithfully without reoffending it in the future);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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