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(영문) 청주지방법원 2016.07.14 2016고단944
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On November 22, 2007, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of road traffic laws at the Cheongju District Court on March 11, 2008. On September 24, 2014, the Defendant was sentenced to a summary order of 2 million won by a fine for a violation of road traffic laws at the Cheongju District Court on March 11, 2008. On September 24, 2014, the Daejeon District Court was sentenced to a suspended sentence of 8 months for a violation of road traffic laws.

[2] On April 9, 2016, around 06:37, the Defendant driven a vehicle under Hribe, without a driver’s license, at the section of approximately 3km from the front of a mutually influent restaurant in the Bluri-gu Seoul Sinan-si, Chungcheongnam-gu, Chungcheongnam-gu to the front road in the Seocheon-gu, Chungcheongnam-gu, Seocheon-gu, Chungcheongnam-gu, Seoul., the Defendant driven a vehicle under the influence of alcohol content of about 0.166% while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A driver's license inquiry;

1. Notification of the results of regulating the driving of drinking alcohol and a situation report on driving of drinking alcohol;

1. Previous convictions: Inquiry into criminal history, application of each written judgment and summary order by Acts and subordinate statutes;

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. It is so decided as per Disposition for the reasons under Articles 53 and 55 (1) 3 or more of the Criminal Act for mitigation of amount;

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