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(영문) 청주지방법원 2018.10.10 2018고단1739
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2007, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Cheongju District Court, and on December 24, 2007, to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Cheongju District Court.

【Criminal Fact-finding on August 11, 2018, the Defendant driven a BTrac vehicle while under the influence of alcohol content of about 0.142% while under the influence of alcohol content at 0.142% in blood without a driver’s license, from the day before and after the Joh-dong in Geumcheon-gu, a substantial amount of Cheongcheon-gu, Geumcheon-si.

As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, and driving a motor vehicle under the influence of alcohol without a license for driving a motor vehicle in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Inquiries about vehicles and licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation), and application of each summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), 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 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. are considered to be considered in light of the following circumstances: The defendant's age, sexual conduct, environment, motive, means and consequence of the crime;

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