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(영문) 청주지방법원 2020.12.15 2020고단1329
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2006, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, on November 10, 2008, a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act, and on November 4, 2010, a summary order of KRW 3 million was issued from the Chungcheong District Court to a fine of KRW 4 million as a crime of violation of the Road Traffic Act.

On July 9, 2020, at around 01:03, the Defendant driven CMW X6 car in the state of alcohol alcohol concentration of about 0.095% in the 1km section from the Seongbuk-gu, Sungnam-gu to the front road B.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, report on the circumstantial statement, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on attachment of the same type of power) and statutes;

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

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant has no record of criminal punishment heavier than a fine for traffic crime, the occurrence of a traffic accident due to driving under the influence of alcohol in this case does not occur, and the defendant recognizes the crime in this case and is living faithfully instead of repeating the crime in the future);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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