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(영문) 청주지방법원 2018.09.13 2018고단792
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

[criminal history] On September 28, 2012, the Defendant was punished by a fine not exceeding 1,500,000 won for a crime of violating the Road Traffic Act (dacting driving) at the Seo-gu District Court Branch Branch on September 28, 2012. On April 12, 2017, the Defendant was punished by a fine not exceeding 3,50,000 won for the same

[2] On April 14, 2018, at around 22:05, the Defendant driven a BM6-car without a driver’s license while under the influence of alcohol content of about 0.206% in blood at around 105, the same 1 kilometer-ro, Young-gu, Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongdong-gu, 2328.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of punishment: Imprisonment with prison labor;

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

1. Driving under the repeatedly under the influence of a license even though he/she has been sentenced to a fine twice due to the observation of protection and the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act;

o. Recognizing o’s wrong and reflects the sentencing conditions in Article 51 of the Criminal Code, the sentence is set as ordered, taking into account the sentencing conditions in Article 51 of the Criminal Code.

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