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(영문) 청주지방법원 2019.11.22 2019고단1865
도로교통법위반(음주운전)
Text

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

[criminal power] On June 5, 2001, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a crime of violation of the Road Traffic Act at the Cheongju District Court on October 1, 2008, a summary order of KRW 1.5 million with the same crime at the Cheongju District Court on October 1, 2008, and a summary order of KRW 2 million with a fine of KRW 2 million with the same crime at the Cheongju District Court on December 23, 201.

【Criminal Facts】

On August 13, 2019, at around 00:18, the Defendant driven a DNA car from the section 200 to the section 200 of the Cheongju-si, the convenience store located in the Cheongju-si, B, to the 0.18% of blood alcohol level.

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. A report on the occurrence of a traffic accident, a report on actual condition, a report on the circumstantial statement of a drinking driver, a report on investigation (report on the circumstances of a drinking driver), a report on the control of drinking driving, a report on requests for appraisal, and a report on detection of a drinking driver;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, and imprisonment with prison labor for a crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (times of the same kind of power and the degree of drinking, etc.);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of the suspended sentence of the same kind or more);

1. Social service order under Article 62-2 of the Criminal Act;

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