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(영문) 청주지방법원 2019.01.23 2018고단2899
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

【Criminal Power】 On June 12, 2008, the Defendant was issued a summary order of a fine of two million won at the Cheongju District Court for a crime of violation of the Road Traffic Act, and on January 6, 2009, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court’s Incheon District Court’s Incheon District Court’s Branch.

【Criminal Facts of Crimes】 Around November 26, 2018, the Defendant driven a Fpoter cargo vehicle with approximately 300 meters of alcohol content 0.068%, while under the influence of alcohol at around 0.068%, from a restaurant located in the C Working in Chungcheong-gun B to the front of convenience stores in the same Gun.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. G self-statements;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, judgment, application of summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances in which the same criminal records are in favor of three times: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime are considered to be against the defendant's wrong judgment; and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. are considered to have been committed in good faith without any particular criminal records after around 209.

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