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(영문) 청주지방법원 2018.01.17 2015고단1760

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On October 11, 2013, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving alcohol), etc. on April 21, 2014, and was sentenced to a summary order of KRW 5 million for a fine of KRW 1 million for the same crime from the support of Suwon Friwon Frigwon to the same crime. On September 24, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution for the same crime on September 24, 2015, and the said judgment was finalized on October 2, 2015.

[2] Defendant 1, who was punished on two or more occasions due to drinking driving as above, was under the influence of alcohol 0.126% due to blood alcohol without a driver’s license on July 28, 2015, driving a vehicle with lived B, from around the trade name in the Cheongju-si Eup located in the Cheongju-gu, Sinju-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-gu, Sinsan-gu, 305.

Summary of Evidence

Before ruling on the ledger of driver's licenses to inquire about a written statement of the police suspect C in the written statement of the police suspect interrogation report, and the results of crackdown on drinking driving: Application of Acts and subordinate statutes to inquire about foreign crimes and investigation records, and report of investigation records (the previous report of confirmation

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Subsequent to Article 37 of the Criminal Act, Article 39 (1) of the same Act:

5. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant has a lot of history of driving alcohol; (b) the Defendant was under the influence of driving alcohol without a license or driving alcohol in Ansan; and (c) the Defendant committed the instant crime by repeating the instant case on 11 day only.

Although the defendant is urged to attend a trial on several occasions, the defendant is unable to know the whereabouts of the defendant without his/her attendance, and the circumstances after the crime are not good.

However, it seems that the defendant reflects the wrong, and considering the absence of criminal records exceeding the fine, other sentencing conditions are also considered.