(영문) 청주지방법원 2017.03.16 2016고단1667

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(영문) 청주지방법원 2017.03.16 2016고단1667

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

[criminal history] On August 13, 2015, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on August 13, 2015 and a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the same court on February 24, 2016

[2] On July 6, 2016, at around 01:55, the Defendant driven BM5 car under the influence of alcohol with approximately KRW 200 meters alcohol concentration 0.142% while under the influence of alcohol in blood without obtaining a driver’s license from the section of around 200 meters from the front road of the Hyundai Young-dong, Seo-gu, Seo-gu, Seo-gu to the front road of the “GS Skdong,” located in the same Kukdong-ro 77.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol and the statement in the circumstances of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (to file a written summary order before driving alcohol and filing of the summary order);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that a person was punished several times by a fine due to drinking driving. There are no criminal records for sentencing favorable to o: o and other factors of sentencing under Article 51 of the Criminal Act, comprehensively taking account of the sentencing conditions under Article 51 of the Criminal Act, the sentence shall be

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