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(영문) 청주지방법원 2017.11.30 2017고단500

도로교통법위반(음주운전)등

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

Reasons

Punishment of the crime

[Power of crime] On October 30, 2015, the Defendant was sentenced to imprisonment for eight months and two years of suspension of execution for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court on the Aggravated Punishment, etc. of Specific Crimes. On October 4, 2007, the Cheongju District Court issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Cheongju District Court on August 2, 2006.

[2] On March 13, 2017, the Defendant, without obtaining a driver’s license, driven DK5 car from around 4 km to about 523 and about 4 km in the front of the Cheongju-si in the Cheongju-si, a restaurant located in the Cheongju-si Eup, the petition of the Gu, to the front of the Cheongju-si, to the Cheongju-si, while under the influence of alcohol content 0.04% among blood transfusion around 23:00.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving at the same time while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment);

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

1. Selection of imprisonment with prison labor chosen;

1. The elements of sentencing that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume: A number of criminal records, which have been sentenced to a fine due to driving under drinking, are several times; while driving a motor vehicle while driving a motor vehicle while driving the motor vehicle while driving the motor vehicle while driving the motor vehicle while driving the motor vehicle, and driving the motor vehicle without drinking or non-licensed driving, as stated in its reasoning, is not always visible without being aware of the fact that the motor vehicle is in the period of suspension of execution due to the traffic accident and the victims have been injured. The elements of sentencing favorable