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(영문) 청주지방법원 2017.02.02 2016고단2555

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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

On April 21, 2008, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 4 million for the same crime in the same court on June 19, 2014, and a fine of KRW 7 million for the same crime in the same court on May 23, 2016.

On October 12, 2016, at around 02:15, the Defendant driven a motor vehicle from the 2km section of approximately 2 km to the front road of the Cheongju-si, Goi-gu, Goi-gu, Goi-gu, Goi-si, Goi-gu, Goi-gu, with a alcohol content of 0.122% while under the influence of alcohol without a driver's license.

As a result, the Defendant violated the duty of prohibition on driving at least twice in the state of driving, and drives the vehicle again in the state of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of alcohol, statement and report on the circumstances of the driving driver, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The same sentence as the order shall be determined in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the background of driving without a license, the measuring of drinking, the same criminal record and reflectivity, etc.

It is so decided as per Disposition for the above reasons.