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(영문) 청주지방법원 2020.12.03 2020고단1710
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

[Power of sound driving, etc.] On July 9, 2014, the Defendant was issued a summary order of a fine of KRW 3 million at the Cheongju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 28, 2020, at around 21:27, the Defendant driven a D vehicle owned by the Defendant, under the influence of alcohol content 0.126%, from the front of the “C” road located in Heak-gu Seoul Metropolitan City B to the front road of the 53-4 component of the internal Eup in the Cheongju-si, Seoul Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than 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. The application of criminal records, etc. and investigation reports, and statutes to the same criminal records, etc.;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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