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(영문) 청주지방법원 2019.05.16 2019고단342

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

Reasons

Punishment of the crime

1. On October 30, 2013, the Defendant issued a summary order of KRW 3 million at the Cheongju District Court for a crime of violation of the Road Traffic Act, and on February 12, 2019, a summary order of KRW 4 million was issued at the Cheongju District Court for a crime of violation of the Road Traffic Act.

2. On January 16, 2019, the Defendant driven a Frodicom vehicle with a blood alcohol level of 0.113% under the influence of alcohol level of 0.13%, without obtaining a driver’s license, from the front side of “C” in “C” located in “E” in Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-si, Seo-si, Seo-si, and the front side of “E” located in “E” located in “E”.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes on criminal records, etc., references to criminal records, amounts of dispositions, preliminary records, results of confirmation, and 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Probation and community service order recognized the crime of sentencing under Article 62-2 of the Criminal Act and is inconsistent with the erroneous judgment, and repeated drinking of alcohol in favorable circumstances, such as the fact that there is no past record of punishment exceeding a fine for the same kind of crime, and the fact that blood alcohol is high, traffic accidents occur, and disadvantageous circumstances, such as the fact that there is a higher record of the same crime, other than the previous conviction, etc., the defendant's age, character and behavior, motive for the crime, and circumstances before and after the crime, etc., and all other circumstances that constitute the sentencing conditions as shown in the records and arguments of this case,