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(영문) 청주지방법원 2018.01.18 2017고단1191
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2007, the Defendant was sentenced to a summary order of KRW 1,50,000 for a fine due to a violation of the Road Traffic Act (drinking driving), and on April 6, 2017, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) by a court of the same jurisdiction on April 6, 2017, on more than two occasions due to a violation of the Road Traffic Act (drinking driving).

On April 22, 2017, around 21:57, the Defendant driven B QM3 car in the state of alcohol alcohol concentration of about 0.105% in blood without a vehicle driver's license from the front of the mutually unclaimed restaurant in the Gungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu to about 500 meters away from the front of the same 54-ro, a 500-lane, a day from the 500-lane to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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 indicated in the judgment: Inquiry about criminal history, investigation report (report on the same kind of past record), and application of a copy of each summary order;

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;

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