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(영문) 청주지방법원 2018.11.07 2018고단2146

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on May 3, 2012, has a record of being sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a person with a record of being sentenced to a summary order of KRW 2 million for the same crime at the Chuncheon District Court on June 14, 2018.

On September 4, 2018, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol content of about 0.122% in blood without a vehicle driver’s license from the front of the local engine restaurant located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu to approximately 100 meters in approximately 83 Doo-ro 38 Doo-ro in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as ordered in consideration of the defendant's age, sexual conduct, environment, motive, means, means and consequence of the crime, circumstances before and after the crime, etc., in a comprehensive manner, in light of the following circumstances: (a) there are several previous offenses including the punishment; (b) there are two previous offenses; (c) the circumstances favorable to the two previous offenses; and (d) it appears that there are some circumstances to consider the circumstances leading to the driving of drinking; and (e) the punishment shall be determined as ordered in