(영문) 청주지방법원 2020.04.23 2019고단2682

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(영문) 청주지방법원 2020.04.23 2019고단2682

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

On February 21, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act by Daejeon District Court.

On October 19, 2019, around 06:50, the Defendant driven a BG80 car in the state of alcohol alcohol concentration of approximately 0.168% while under the influence of alcohol level 0.168% from the 12km section of approximately 12km to the stop (Seoul direction) for the death cancer located on the Seo-gu 290 Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (report on confirmation and attachment of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order reflects the defendant's mistake while recognizing the crime, circumstances favorable to the defendant's punishment exceeding the fine, including the repetition of drinking driving, the fact that the defendant caused traffic accidents on an expressway with a large risk, etc., shall be taken into account, taking into account the circumstances unfavorable to the defendant, taking into account the degree of blood alcohol concentration and mileage in the instant case, the age, character and conduct of the defendant, and the circumstances before and after the crime, etc., as a whole, the sentence as set forth in the Disposition shall be determined by

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