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(영문) 청주지방법원 2018.07.12 2018고단250

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 11, 2018, around 00:16, the Defendant driven a Bbenz car with approximately KRW 700m alcohol content at around 167, as in front of the veterinary hospital located in the Dong-dong, the petition rate of the Defendant, without a driver’s license, while under the influence of alcohol content of about 0.15% during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: An accident in which drinking or driving without a license has been repeatedly conducted even though the driving force of drinking has been multiple times;

Sn’s high drinking level. Sentencing elements are recognized as erroneous and reflective. There are other circumstances that may be taken into account in the course of committing the crime. Do and other factors of sentencing under Article 51 of the Criminal Act are set as the text.