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(영문) 청주지방법원 2019.08.22 2019고단1138
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 became final and conclusive.

Reasons

Punishment of the crime

1. On May 1, 2009, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on May 1, 2009, and KRW 5 million for the same crime at the same court on December 5, 2013.

2. On April 27, 2019, the Defendant, while under the influence of alcohol at a level of 0.085% of alcohol level, driven BM5 automobiles within a two-km radius from the Song Chang-gu, Chang-gu, Cheongju City to the lutool Park in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are recognized as the crime of sentencing, and the fact that the crime of sentencing is divided mistakenly, the short term of drinking driving is not repeated, and the occurrence of serious results such as traffic accidents, etc. does not occur, and the defendant's age, character and conduct, driving circumstances, the blood alcohol concentration of this case, the records of the same crime, and the circumstances before and after the crime, etc. shall be comprehensively taken into account all the circumstances that are the sentencing conditions specified in the records

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