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(영문) 청주지방법원 영동지원 2015.07.09 2015고단104
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 26, 2009, the Defendant received notification of the summary order of a fine of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Youngju District Court's Young-dong branch on December 17, 2009, a fine of KRW 1.5 million as the same crime in the same court on December 17, 2009, and a fine of KRW 4 million as the same crime in the same court on November 19, 2014, respectively.

On May 7, 2015, the Defendant driven a B-car under the influence of alcohol level of about 0.096% without a driver’s license on the section of approximately 1km from the road front of the Songdong-dong-dong-dong-dong, Chungcheongnam-do, Chungcheongnam-do to the roads front of the Japanese oil station located in 18-8 in the Dong-dong-dong-dong, Chungcheongnam-do-dong-dong, Chungcheongnam-do-dong, Dong-dong-dong-dong, to the roads front of the Japanese oil station located in 18-8.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes governing judgment;

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 (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be considered in consideration of the driving distance of this case, blood alcohol concentration, etc.

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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