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(영문) 청주지방법원 2021.01.19 2020고단756
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of two years and four months.

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

Reasons

Punishment of the crime

[200 Highest 756] On November 12, 2007, the Defendant was issued a summary order of KRW 700,000,000 by the Cheongju District Court to a fine for a violation of the Road Traffic Act (driving), and on April 25, 2008, a summary order of KRW 1.5 million was issued by the same court as the same crime.

On April 3, 2020, the Defendant driven a sports truck in Eco, Eco, while under the influence of alcohol content of about 0.201%, from the front road in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the front road in Cheongju-si D.

[20, 00:05 on April 3, 2020, the Defendant 2020: (a) on the road located in Seowon-gu, Seowon-gu, Seowon-gu, Seowon-gu, Cheongju-si, the victim G ( South Korea, 24 years old) reported to the police as a result of drinking alcohol; (b) on the part of Eco-gu, Eco-W, a dangerous object of chemical weather, the victim was on board a sports car; and (c) on the part of the victim, the victim was knee part of the front vehicle while driving the vehicle, while the victim was on the front of the vehicle, the victim was knee part of the victim was kneed with the front part; and (d) on the other hand, the victim was able to get off from the above vehicle on two occasions.

Accordingly, the defendant carried dangerous things with the victim and sustained injuries, such as knee knee, which require treatment for about two weeks.

Summary of Evidence

200 Highest 756

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (formers and confirmations thereof), 2020 highest 990

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Application of diagnostic certificates and CCTV video-related Acts and subordinate statutes;

1. Relevant legal provisions of the Act concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2(1) of the Criminal Act, the Criminal Act, and the Criminal Act.

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