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(영문) 청주지방법원 영동지원 2020.05.14 2020고단19
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. On December 3, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license. On December 3, 2019, around 00:00, the Defendant driving the said vehicle at a section of approximately 22.5km from the front of the 50-9 liquidation box, which was in front of the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front of the 3rd store located in Chungcheong-gun, Chungcheongnam-gun, and driving the said vehicle at approximately 4.5km from the F University located in the front of the above C Burial to the road of about 700km in the direction of mountain.

2. On January 6, 2017, the Defendant was issued a summary order of KRW 3 million by the Daejeon District Court on March 23, 2017, by driving a motor vehicle under the influence of alcohol with a maximum of 0.098% alcohol level.

(2017 Highest 668) Around 08:40 on December 3, 2019, the Defendant driven a motor vehicle described in paragraph (1) while under the influence of alcohol 0.221% from a section of about 4.5km to a road located in Chungcheongnam-dong E, Chungcheong-gun, Chungcheongnam-do, to a level of about 700 meters in the direction of Yongsan-do, and violated Article 44(1) of the Road Traffic Act twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. Notification of the results of the drinking driving control, the ledger of driver's licenses, and inquiry into the results of the drinking driving control;

1. Criminal records as indicated in the judgment: The application of criminal records, etc. and investigation reports (verification of criminal records A of the same kind as a suspect)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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:

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