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(영문) 청주지방법원 충주지원 2019.10.30 2019고단482
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by a year of imprisonment.

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

Reasons

Criminal facts

On March 16, 2018, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court.

On July 11, 2019, at around 02:14, the Defendant driven a 3-pack vehicle with blood alcohol content of about 0.185% while under the influence of alcohol content at about 1km from the 1km section to the roads of the E-packing station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A written report from an employee of an employer;

1. Inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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 is that the Defendant, while under the influence of alcohol, was subject to criminal punishment by driving under the influence of alcohol, was driving.

Blood alcohol concentration, Defendant's driving

Considering the fact that the traffic accident has been paid, it is not good that the crime is committed.

However, the defendant acknowledges his mistake in this court.

A defendant shall not be subject to criminal punishment exceeding a fine.

The punishment shall be determined as ordered in consideration of the age, environment, circumstances after the crime, etc. of the defendant and the various circumstances shown in the oral proceedings.

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