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(영문) 청주지방법원 2016.09.13 2016고단560
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 14, 2006, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Road Traffic Act, such as a fine of one million won due to a violation of the Road Traffic Act, etc. at the Jeju District Court on March 20, 2009, and a crime of violating the Road Traffic Act at the Jeju District Court on May 20, 2009, and a fine of two million won due to a violation of the Road Traffic Act. On January 8, 2014, the Defendant was sentenced to a suspended sentence of two years for a year.

Although the Defendant had three times the power of driving under the influence of alcohol as above, on February 23, 2016, the Defendant driven BIT 100C 176% under the influence of alcohol while under the influence of alcohol without obtaining a motor device driver’s license from around the 2km-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, to the front side of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the foregoing urbine, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, the ledger of driver's licenses, inquiries about mandatory insurance, and statement on the actual condition of driving at home;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 on the observation of protection and observation: A suspended sentence shall be imposed on the same kind of drinking driving;

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