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(영문) 청주지방법원 2016.11.10 2016고단962

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2015, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) on March 10, 2015, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving without a license) on June 19, 2012, and a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving without a license), etc. on March 28, 2012, and received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving without a license) on KRW 10 times.

On March 5, 2016, at around 23:12, the Defendant driven a knife car with 0.210% alcohol concentration without a driver’s license from the eteG parking lot located in the Western-si, Cheongju-si to the knife in the same Dong from about 200 meters to the knife in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. Report on the circumstances of driving without a license and written statement on driver’s license;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to a summary order for the same type of crime);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are many persons who have been punished due to drinking or unlicensed driving, drinking alcohol level exceeds 0.2%, and the fact that the driver was found to be locked on the road while standing on the road was discovered to the extent that the driver was unable to memory the fact of driving the vehicle, reflects the fact that the driver was in a state of driving the vehicle: The fact that there was no criminal record exceeding the fine after 2008, and that there was no criminal record exceeding the fine after 208, the punishment as the order shall be determined by comprehensively taking account of the various sentencing conditions shown in the arguments of this case, such as the defendant's age, character