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(영문) 청주지방법원 2014.07.08 2014고단470
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 6, 2007, the Defendant was notified of a summary order of a fine of three million won by a Cheongju District Court due to a violation of the Road Traffic Act (driving), and on December 27, 201, the Defendant was notified of a summary order of a fine of 2.5 million won by the same court on December 27, 201.

On April 8, 2014, the Defendant used the B Sp-type car from the front of the Yancheon-gun Agricultural bridge to the front of the Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun without obtaining a driver's license on April 17, 2014, even though he had a history of committing a violation of the Road Traffic Act more than twice. While under the influence of alcohol by 0.326%, the Defendant driven the B Sp-type car from the front of the Yacheon-gun, Yacheon-

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver, and statement of the status of a host driver;

1. Registers of driver's licenses;

1. Photographs;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes of one copy of the statement of criminal records, replys to criminal records, and one copy of each summary order (Evidence List 16,17);

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

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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing: The statutory penalty shall be mitigated, and the execution thereof shall be postponed, taking into consideration the various conditions of sentencing, such as the fact that the defendant has no ability to punish more than the fine, the reflective fact, and the age, surroundings, motive, consequence, etc. of the crime;

It is so decided as per Disposition for the above reasons.

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