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(영문) 청주지방법원 충주지원 2018.10.12 2018고단444

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

On July 19, 2018, the Defendant, who had been punished twice or more due to drinking driving, driven C cargo vehicles under the influence of alcohol leveling 0.170%, without a driver’s license, while driving C cargo vehicles under the influence of alcohol leveling 0.170% of alcohol level from the front of the Mangwon-ri, Seogwon-ri, Seogwon-ri, Seogwon-ri to the front road of B.

Summary of Evidence

1. Statement by the defendant in court;

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. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Criminal history: A written reply to inquiry, such as criminal history, (A), investigation report (report on confirmation of the history of driving a suspect's drinking alcohol), - Application of the summary order three Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the provision of protection and observation, community service order, and order to attend a lecture, and the provision of a drinking without a license for drinking in 2016, for which one year has not passed since a summary order was issued in 2017. The crime is repeated within a short period and the alcohol concentration in blood is also high. The punishment is to be determined by taking into account the period of recidivism, the background leading up to the driving without a license for drinking, the background leading up to the driving without a license for drinking, the circumstances after the crime, and other sentencing conditions, and to provide community service and order to attend a lecture