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(영문) 청주지방법원 충주지원 2016.11.18 2016고단676
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal power] On October 2, 2007, the Defendant issued a summary order of KRW 3 million on the charge of violation of the Road Traffic Act at the Cheongju District Court on August 2, 2007, and on August 25, 2016, a summary order of KRW 3 million on the charge of the same crime from Chungcheong Branch Branch of the Cheongju District Court on August 25, 2016, on the charge that the Defendant driven a motor vehicle while under the influence of alcohol level of KRW 0.107% on June 21, 2016, a summary order was issued on August 25, 2016.

each order was issued.

【Criminal Facts】

At around 09:50 on August 17, 2016, the Defendant driven a B spectrum car with a blood alcohol concentration of about 0.068% under the influence of alcohol without a driver’s license that is effective in the section of approximately 4km from the vicinity of the Priju City in the Priju City of Chungcheongnam-si to the vicinity of the Priju-si in the same Priju-si.

As a result, the defendant was punished not less than twice for the violation of the Road Traffic Act (driving) and was driving a motor vehicle while drunk without a valid driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and the statement in the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records and other inquiries; the defendant's legal statement; investigation report (report on confirmation of the same criminal records as the suspect); and the application of a copy of the summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 Defendant committed the instant crime even though he/she was under the influence of drinking or driving without a license, in particular, even though he/she was under the influence of drinking on June 21, 2016.

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