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(영문) 청주지방법원 2018.10.11 2018고단670
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 13, 2015, the Defendant received a summary order of KRW 4 million from the Cheongju District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving) at the same court on July 25, 2016, a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the same court on July 25, 2016, and a fine of KRW 5 million as an identical crime in the same court on December 21, 2017.

[2] On March 15, 2018, under the influence of alcohol content 0.077% in blood without a vehicle driver’s license, the Defendant driven a B-tem motor vehicle at the section of about 10km from the front of a mutually aesthetic restaurant located in the Cheongju-dong, Cheongju-si, the petition of which is filed to the Chang-gu, Chang-gu, the Dong-gu, the Dong-gu, the Gu office of the Defendant, while driving a B-tem motor vehicle at approximately 0km.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Article 148-2 (1) 1, 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, and Article 152 of the Road Traffic Act, the selection of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the provision of an order to attend a lecture, the provision of an order to attend a lecture, and the provision of an order to attend a community service order, and the provision of an order to attend a lecture, without being well aware of the past record of being sentenced to three times or more due to drinking from 2015, and making a drinking without a license, do not seem to be good.

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