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(영문) 청주지방법원 제천지원 2018.07.12 2018고단112

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 23, 2016, the Defendant received a summary order of KRW 2 million due to a violation of road traffic law (drinking driving), etc. at the Cheongju District Court’s Jeju District Court’s Incheon District Court’s Incheon District Court’s order of KRW 4 million due to a violation of road traffic law (drinking driving), and the same court on January 12, 2018 issued a summary order of KRW 4 million.

[2] On April 3, 2018, the Defendant driven a CN city car without obtaining a driver’s license from the front day of the 208-gu Cheonggu Cheongcheon-si Cheongcheon-si Cheongcheon-ro 44-ro 20 meters away from the front day of the 208-gu Cheongcheon-si Cheongcheon-do Cheongcheon-do Cheongcheon-ro 20, to the front day of the 500-ro 119% alcohol concentration during blood.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver who is placed in driving, making an investigation report (report on the circumstances of the driver who is placed in driving in driving), and making inquiry about the results

1. The driver's license ledger;

1. Criminal history: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order attached to the same type of crime history);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The order is based on the following circumstances of sentencing under Article 62-2 of the Criminal Act, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.