(영문) 청주지방법원충주지원 2020.08.21 2020고단355

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Reasons

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줄 간격

자간(%)

(영문) 청주지방법원충주지원 2020.08.21 2020고단355

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 June 20, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on June 20, 2008, and a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on May 13, 2009, respectively.

Around 21:00 on May 18, 2020, the Defendant driven an E rocketing car on the road from the front side of C in Jincheon-gun, Jincheon-gun to D with approximately 1.5km alcohol while under the influence of alcohol of 0.085% of alcohol content.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. Previous records of judgment: Application of each of the criminal records, repeated statements, and copies of summary order, respectively;

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. Probation and community service order and order to attend a lecture provided for in Article 62-2 of the Criminal Act shall be sentenced to imprisonment with prison labor in consideration of the accused's previous convictions of fines of the same kind twice and the previous convictions of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving vehicles) once; however, the execution of punishment shall be postponed and the probation, community service order and order to attend a lecture shall be imposed, taking into account the fact that the latest previous convictions of the same kind are not less

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