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(영문) 청주지방법원 충주지원 2020.07.24 2020고단298
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 6, 2009, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court's Chungcheong Branch's Chungcheong Branch's Assistance on July 6, 201, upon the issuance of a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court's Chungcheong Branch's Chungcheong Branch's Assistance on July 6, 201, and on September 12, 2017, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court's Chungcheong Branch's Assistance.

On April 21, 2020, at around 22:25, the Defendant driven an Epoter 2 freight vehicle from around 50 meters from the front of the cafeteria located in the Chungcheong voice-gun B to the front of the D apartment, while under the influence of alcohol of 0.147% of alcohol level.

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. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

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

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. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation shall be sentenced to the sentence in consideration of the following facts: the defendant has four-time criminal records of driving under the same kind; one time of criminal records of suspension of the execution of imprisonment; however, the lower limit of discretionary mitigation shall be sentenced in consideration of the short distance of driving under the influence of alcohol;

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