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(영문) 청주지방법원 2019.10.31 2019고단1545
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

1. On April 17, 2015, the Defendant had a record of having been issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on April 17, 2015, and a fine of KRW 5 million for the same crime, etc. at the Cheongju District Court on June 13, 2016.

2. On July 20, 2019, the Defendant, while under the influence of alcohol at around 23:30% of alcohol level, driven the EM5 vehicle from around 300 meters away from the cat before the Cheongju-si Petition B to the front of the D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. Blucking images;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment to the same type of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. The social consensus has been formed and implemented to strengthen punishment for drunk driving due to the seriousness of the harm caused by drunk driving due to the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and the high recidivism rate of drunk drivers. The amendment of the law reflecting such social consensus has been made. The defendant, including the previous conviction in the judgment, drives the vehicle in the state of drinking driving, even though there are several times the criminal records of punishment due to drunk driving, and the fact that the traffic accident occurred, and the fact that it is contrary to the recognition of the crime, and the fact that it seems that he/she is trying to not repeat the crime, such as selling the vehicle, and that there is no personal damage, the defendant's age, character and behavior, motive, motive, alcohol concentration of the blood of this case, the defendant must support his/her mother and his/her children, and the fact that the defendant's health status is not good, shall be determined as the sentence as per the Disposition.

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