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(영문) 청주지방법원 2019.10.18 2019고단1490

도로교통법위반(음주운전)등

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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 November 5, 2014, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act from the Cheongju District Court, and on May 10, 2018, the Defendant received a summary order of KRW 5 million for a fine of KRW 1 million for the same crime in the same court.

On March 13, 2019, at around 16:45, the Defendant driven D Poter Cargo at a section of about 7 km away from the street in front of the Myeon Office located in the Maternae-gun, Mansan-gun, the Defendant driven D Poter Cargo at a level of about 0.212% alcohol concentration without a vehicle driver’s license, while under the influence of alcohol at a level of about 7 km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, details of control, and the register of driver's licenses;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment of a summary order), and application of Acts and subordinate statutes governing each summary order;

1. Article 148-2(1)1, Article 44(1), Article 152 subparag. 1, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) regarding the crime

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

1. Imprisonment with prison labor for choice of punishment (one or more same kind of electricity);

1. Article 62 (1) of the Criminal Act on the suspension of execution (number of times, timing, degree of exploitation, etc. of the same kind of electricity);

1. Social service order under Article 62-2 of the Criminal Act;