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(영문) 청주지방법원 제천지원 2017.03.02 2016고단528

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 Records] The Defendant stated in the indictment on 2006 as “2016.” but appears to be a clerical error.

10.12. In the Cheongju District Court's Cheongju District Court's Cheongju District Court's summary order of 700,000 won as a crime of violating the Road Traffic Act (dacting driving), and in the written indictment in 2006, it appears that it is a clerical error.

11. 2. At the Cheongju District Court’s Jeju District Court Branch, a summary order of KRW 1 million was issued on March 19, 201 for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million was issued on March 19, 2012 for a crime of violating the Road Traffic Act.

[2] Although the Defendant had been punished as a crime of violating the Road Traffic Act on more than two occasions, on December 13, 2016, the Defendant driven a two-way motor vehicle with a balthm alcohol concentration of about 500 meters in the section of approximately 500 meters, without obtaining a driver’s license, while under the influence of alcohol level of 0.12% in the balth of alcohol level, around 13:50 on December 13, 2016.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the detection of a driver at home, a report on the circumstances of driving without a license, and a report on the circumstances of a driver at home;

1. The driver's license ledger (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of a copy of the summary order under statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 orders to provide community service and attend lectures.