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(영문) 청주지방법원 영동지원 2016.11.03 2016고단80

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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 April 2, 2009, the Defendant’s judgment in the indictment of KRW 2 million on the charge of violation of the Road Traffic Act and violation of the Road Traffic Act (unlicensed Driving) in the Youngju District Court’s Young-dong Branch on April 2, 2009 is obvious that “the summary order” is a clerical error, and it is corrected ex officio.

On September 30, 2014, the same court received a summary order of KRW 2.5 million for the same crime, and a summary order of KRW 5 million for the same crime in the same court on June 25, 2015, respectively.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, again is not specified in the indictment, but can be identified as such in light of the applicable provisions of law, etc., the Defendant shall add it ex officio.

On May 26, 2016, around 19:30, 2016, a person drives Bpool 125ccoccina while under the influence of alcohol level of 0.179% without obtaining a motorcycle driver's license from the front day of "win-ri" road in the Geumcheon-gu, Chungcheongnamcheon-gu, Chungcheongnamcheon-gu, Chungcheongnamcheon-do to the front day of "win-ri" to the 60-5 front day of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Criminal records as stated: Criminal records, etc. inquiry reports, investigation reports, judgment attached thereto, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Article 62 (1) of the Criminal Act;

6. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for the crime of drinking and driving without a license three times as stated in the first head’s criminal records as stated in the judgment.