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(영문) 청주지방법원 2018.02.01 2017고단1753

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] On August 1, 2014, the Defendant was sentenced to a fine of KRW 5 million by the Cheongju District Court for a crime of violating the Road Traffic Act (driving), and a fine of KRW 2 million by the same court on August 29, 2012.

[2] On June 30, 2017, the Defendant, without obtaining a driver’s license, driven BV car at approximately 300 meters from the front side of the Cheongung-si Park Park in a considerable 37-7 Cheongju-si, in a state of drinking alcohol concentration of 0.086% among blood transfusions on June 30, 2017, to the front side of the Cheongri-si Park Park, the Defendant driven BV car at around 300 meters from the front side of the Cheongri-si Park.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and driven a motor vehicle while under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Investigation report (the circumstances of the driver in charge);

1. A driver's license inquiry;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order of the same type of crime);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 for Reduction of Small Quantity (i.e., reflective facts; the same crime does not constitute a crime exceeding a fine; and the degree of alcohol concentration in blood, etc. shall be considered);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the aforementioned circumstances);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;