(영문) 청주지방법원충주지원 2020.09.11 2020고단399

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(영문) 청주지방법원충주지원 2020.09.11 2020고단399

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

On May 13, 2014, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Sung-nam branch of Suwon District Court on May 13, 201, and a summary order of KRW 1.5 million by the same court on October 10, 2017.

On May 8, 2020, the Defendant driven a DNA car from the section of approximately 1 km to the roads of the C Association located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, in the state of alcohol 0.046% of blood alcohol concentration around 22:55.

As a result, the defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records: Application of each of the Acts and subordinate statutes, such as records of criminal records, copies of written judgments, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture shall be sentenced to imprisonment with prison labor in consideration of the fact that the accused has two times the same criminal records for sentencing under Article 62-2 of the Criminal Act, and the execution of the sentence shall be suspended and an order to attend a lecture shall be imposed within the scope of discretionary mitigation in consideration of the fact that the principal case was committed with low blood alcohol concentration and the occurrence of a traffic accident, but the other driver's negligence

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