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(영문) 청주지방법원 충주지원 2018.05.18 2018고단144

도로교통법위반(음주운전)등

Text

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

[criminal history] On February 9, 2018, the Defendant was issued a summary order of KRW 2 million for the same crime from the Chungcheong District Court’s support to the Chungcheong District Court to a fine of KRW 4 million for a violation of the Road Traffic Act (driving). On January 24, 2011, the same court issued a summary order of KRW 3 million for the same crime in the same court on August 30, 2002, KRW 1.5 million for the same crime. < Amended by Act No. 6314, Oct. 31, 200; Act No. 6303, Oct. 31, 2000>

[2] On March 3, 2018, the Defendant driven B Poter in the state of alcohol alcohol concentration of 0.124% while under the influence of alcohol level 0.124%, without obtaining a driver’s license from the front side of the cafeteria of the Geum-gu Seoul Metropolitan Government to the same 300m-ro 445 front side.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger (A);

1. Criminal history: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous conviction on the disposition, and application of Acts and subordinate statutes of Part IV of the summary order;

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

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. The crime is committed on September 16, 201, on the grounds of the imposition of punishment under Article 62-2 of the Criminal Act, by being sentenced to a summary order due to the driving of alcohol for the reasons of sentencing under Article 62-2 of the Social Service Order and the Order to Attend Education, and is again committed on the part of only one month and six months after driving alcohol again. The crime is repeated within a short period, and the amount of alcohol concentration is high (0.117%, 0.231%, etc.), and the degree of alcohol concentration in the blood during the crime is higher than 0.124%. In light of these circumstances, a prison term is chosen in consideration of a large number of criminal records and criminal records, circumstances after the crime is committed, and other sentencing conditions, and the execution of a sentence is suspended.