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(영문) 청주지방법원 2020.01.31 2019고단2211
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 November 30, 2012, the Defendant received a summary order of KRW 3.5 million from the Cheongju District Court to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4.5 million from the Cheongju District Court to the same crime on August 19, 2014, respectively.

【Criminal Facts of Crimes】 around 04:05 on September 29, 2019, the Defendant driven CK7 vehicle under the influence of alcohol leveling 0.134% of alcohol level, while under the influence of alcohol leveling to approximately 6 km distance from the fright-dong in the petition-gu, Cheongju-si to the bus stops located in front of the same city reasonable-gu B apartment.

As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol” twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on internal investigation, and report on the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election Traffic,

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Timing, frequency, etc. of the same kind of power);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of suspended sentence of imprisonment or more)

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