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(영문) 청주지방법원 2016.08.24 2016고단922

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

[criminal history] The Defendant was issued a summary order of KRW 1.5 million on August 28, 2009 by committing a violation of the Road Traffic Act (drinking driving) in the inn of the Sugwon Flag Flag Flag on August 28, 2009, and a person who was issued a summary order of KRW 5 million on May 26, 2015 by the Cleanju District Court for the same crime.

[Criminal facts] On May 21, 2016, the Defendant driven B Mt Motor Vehicle under the influence of alcohol content of 0.067% while under the influence of alcohol without a vehicle driver’s license from around 1km to the roads located in approximately 69,000 from Do located in 47-22, 15-gil to the Eup/Myeon of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. The driver's license ledger;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of such past record), and summary order-making statute;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not only a history of having been punished several times due to drinking, driving without a license, etc., but also a previous criminal record of probation due to drinking, driving without a license, etc., and even a previous criminal record due to the crime of this case was committed due to the crime of this case, the fact that the defendant committed the crime of this case due to driving without a license is disadvantageous to the defendant. It is favorable to the defendant.

In addition to the above circumstances, the record of this case and the theory of change are shown.