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(영문) 청주지방법원 2016.09.20 2016고단656

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 July 16, 2010, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on March 20, 201, the same court issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drawing driving). On June 20, 201, the same court issued a summary order of KRW 2,00,00 as a fine for a violation of the Road Traffic Act (drawing driving). On November 19, 2014, the court issued a summary order of KRW 8,00,000 as a crime of violating the Road Traffic Act (drawing driving) and a violation of the Road Traffic Act (drawing driving without a license).

On February 27, 2016, the Defendant, who committed a crime of violation of the Road Traffic Act (drinking) on at least two occasions, driven a B LV vehicle from approximately 400 meters at a distance of about 400 meters from the French-gu Seoul Metropolitan City to the front of the hot spring of the same Gu, under the influence of alcohol content of at least 0.103% under the influence of alcohol during blood without obtaining a driver's license on February 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol and the statement in the circumstances of the driver involved in driving alcohol;

1. Report on the circumstances of driving without a license, and inquiry letter of driver's license;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation report (a summary order attached to the same case);

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. 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 sentencing conditions indicated in pleadings, such as the Defendant’s age, sexual conduct, environment, motive and circumstance after the crime, etc., shall be determined as ordered by comprehensively taking into account the following: (a) the Defendant’s repeated reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that drinking is driving without a license; (b) drinking value; and (c) drinking level; and (d) the Defendant’s age, sex