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(영문) 청주지방법원 2020.06.11 2020고단41
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 July 18, 2016, the Defendant issued a summary order of 1,500,000 won by the Cheongju District Court for the violation of the Road Traffic Act, and the same records of the same kind other than those of the Defendant issued a summary order of 1.5 million won.

Nevertheless, around 06:23 on December 3, 2019, the Defendant driven a car with Centent in the state of alcohol alcohol level of about 35 km from the Do in front of the Yananananan City, B to the point at which 1 km arrive at the window of the Yansan Highway.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (verification 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 reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in that the defendant commits a crime of drinking again even though he/she had a previous conviction twice.

However, in light of the fact that it is necessary to recognize the crime and reflect the wrongness and not repeat the crime, the above drunk driving criminal records are both fines in 2008 and 2016, and the defendant has no specific penal power except for the two-time fines, and the defendant has no other criminal power, and the defendant is ordered to suspend the execution under the condition of the order to attend the course, taking into account all the circumstances, such as the defendant's age, character and conduct, degree of blood alcohol, driving distance, and circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case, and the sentence is determined as ordered.

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