(영문) 청주지방법원 2020.01.09 2019고단2118

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(영문) 청주지방법원 2020.01.09 2019고단2118

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 June 19, 2014, the Defendant issued a summary order of KRW 1 million at the Cheongju District Court for the crime of violation of the Road Traffic Act.

On September 18, 2019, at around 03:25, the Defendant driven D vehicles at approximately 100 meters from the front side of the Seo-gu Seo-gu, Seowon-si to the front road of the Seo-gu, Seowon-gu, Chungcheongnam-si, Cheongju, while under the influence of alcohol by 0.13% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 crime of this case is committed under favorable circumstances, including the fact that the crime of sentencing under Article 62-2 of the Social Service Order Act is recognized and wrong, the fact that driving under the influence of alcohol has no record of being sentenced to a fine exceeding the fine, the fact that driving under the influence of alcohol is not repeated in a short term, and the fact that the vehicle is sold, etc., and the crime of this case is committed during the suspension of the execution period after being sentenced to imprisonment and sentenced to a suspended sentence, but the crime of this case is committed during the suspended sentence period, which is unfavorable circumstances, such as the defendant's age, character and behavior, motive, motive, blood alcohol concentration, family relation, and the circumstances before and after the crime, and all other circumstances, which are the conditions for sentencing specified in the records and arguments of this case including the records and arguments

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