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(영문) 청주지방법원 2015.06.18 2015고단438

도로교통법위반(음주운전)등

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 December 9, 2011, the Defendant issued a summary order of KRW 5 million to the Cheongju District Court for a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On August 22, 2013, a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 8 million by the same court on February 3, 2015.

[2015 Highest 438]

1. On February 26, 2015, at around 00:40, the Defendant driven a CM5 vehicle under the influence of alcohol without a vehicle driver’s license at a section of 800 meters from the pre-road of the village in the Heak-gu, Chungcheongnam-gu, Cheongju to the front road of the Heungwon High School located in the same 2 cycle from the pre-road of the same Gu.

[2015 Highest 580]

2. On April 11, 2015, at around 05:50, the Defendant driven CM5 car under the influence of alcohol concentration of about 0.123% without a car driver’s license, from the front day of the salary-spon distance in the direction of the Heung-gu Office, Chungcheongnam-si to the beer 156-way airport at the Cheongju-si Office.

Summary of Evidence

[The first point in the market, the second point in the market, the second half of the market, the second half of the market

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the main entry, a report on the main entry, a report on the status of the main entry, and a driver's license inquiry (the point of No. 2 at the time of printing, the height of 2015, the height of

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on circumstantial statements of, and report on detection of, a motor vehicle driver, and the register of driver's licenses (the previous record of the motor vehicle on the market, and the upper part of 580);

1. Previous convictions in judgment: Application of Acts and subordinate statutes (No. 19 No. 5 of the evidence list);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.