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(영문) 청주지방법원 2018.11.29 2018고단1591

도로교통법위반(음주운전)등

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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 of Crimes】 On January 16, 2016, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Cheongju District Court, and a fine of KRW 5 million with the same court on June 13, 2017 for a crime of violating the Road Traffic Act.

【Criminal facts】 On June 30, 2018, the Defendant driven a BMF car without obtaining a driver’s license in the state of alcohol concentration of approximately 0.062% from the blood alcohol level from the front of the Bosad Museum to the front of the Bosad Museum to the road of about 889.5m.

As a result, the Defendant violated the provisions of “the prohibition of driving under the influence of alcohol” not less than twice, and driving a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. On-site photographs;

1. References to inquiries, such as criminal history, and application of each summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the defendant's age, sex behavior, motive, means, and consequence of the crime, the fact that the defendant is guilty of committing the crime, there is no record of punishment exceeding the fine, the defendant's situation is considered when driving the motor vehicle, and the defendant's level of alcohol is relatively high, and the driving of the motor vehicle is not relatively high. The driving distance is a short distance, and other unfavorable circumstances such as the defendant's age, sexual behavior, motive, means, and consequence.