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(영문) 청주지방법원 2017.09.14 2017고단389

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution due to a violation of road traffic laws at the Cheongju District Court on December 16, 2009. On July 22, 2016, the same court was sentenced to a fine of six million won due to a violation of road traffic laws (dacting driving) in the same court on July 22, 2016. On November 18, 2016, the same court was sentenced to six months of imprisonment with prison labor and two years of suspended execution on November 26, 2016, and is still under suspended execution.

[Criminal Facts]

1. On January 6, 2017, the Defendant, without obtaining a driver’s license on around 00:28, Jan. 6, 2017, driving a E-Poter vehicle in the section of about 1 km from the day before a mutual influent restaurant located in the vicinity of the Cheongju-gu Cheongamamamb, the alcohol content of which is 0.180% under the influence of alcohol during blood.

2. On January 7, 2017, the Defendant, without obtaining a driver’s license around 12:50 on January 7, 2017, driving a motor vehicle with the highest paint in the section of approximately 1km from the road of about 592, the head of the Si/Gu, Seo-gu, Nowon-gu, Seoul to the front of the street of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the case, a report stating the situation of the main driving, and a report on the situation of unlicensed driving;

1. Spatial photographs and pages at the time of crackdown;

1. A driver's license inquiry;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (applicable to the previous conviction during the period of the suspension of the execution of a suspect and the same criminal

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The elements of sentencing unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are repeated even during the period of suspension of execution as the same military force.