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(영문) 청주지방법원영동지원 2020.10.08 2020고단125
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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 August 10, 2006, the Defendant: (a) driven a motor vehicle while under the influence of alcohol with 0.125% a alcohol level of 0.125% on January 4, 2007; and (b) was sentenced to a suspended sentence of one year for four months in Busan District Court due to a violation of the Road Traffic Act (driving) at Busan District Court; and (c) on December 27, 2014, the Defendant was issued a summary order of 2.5 million won by driving a motor vehicle under the influence of alcohol level of 0.078% under the influence of alcohol level of 0.0 million won on January 21, 2015.

On July 18, 2020, at around 01:39, the Defendant driven a F Truck with the alcohol level of 0.122% alcohol level from around 3km section from the front of the Dong branch of the C organization in the Chungcheong-gun B to via the same Eup design doctrine, and from around the 3km section to the front of the cafeteria located in D, the Defendant driven a F Truck with the alcohol level of 0.12%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the video CD for drinking-driving;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and investigation reports (verification of the same criminal records)-related Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body. As social damage caused by drinking driving increases, it is necessary to impose heavy responsibility on drinking drivers.

The Defendant, including the foregoing, repeatedly drives drinking and driving without a license, has been punished by imprisonment with prison labor due to the suspension of execution, etc., but also drives under the influence of drinking.

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