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(영문) 청주지방법원 2016.09.27 2016고단235
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

On April 19, 2010, the Defendant received a summary order of KRW 2.5 million from the Cheongju District Court to a fine of KRW 1,500,000 due to a violation of road traffic laws (drinking), and on October 15, 2014, the Defendant received a summary order of KRW 7 million from the Cheongju District Court due to a violation of road traffic laws (drinking).

On January 7, 2016, around 00:58, the Defendant driven a D body-man car under the influence of alcohol concentration of 0.144% without obtaining a driver’s license from the front of the Geumcheon-gu Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Geumcheon-si to the front of the Geumcheon-do, Geumcheon-do, Geumcheon-do, a U.S.-do, U.S., to the front of the Geumcheon-do, Geumcheon-do, a U.S. 200-do.

The defendant 2016 Highest 1052 was punished by drinking two times or more as mentioned above.

The defendant is a holder of the W-W car in the D body.

On April 6, 2016, the Defendant driven the said vehicle without a mandatory insurance without a driver’s license, from around 1.5 km section from the road located in the area of Cheongju-si, a considerable amount of Cheongju-si to the roads in front of the LG list located in the same Gu-dong to the roads in front of the same Gu-dong.

Summary of Evidence

"2016 Highest 235"

1. Statement by the defendant in court;

1. Notification of the results of drinking control and statement in the circumstances of the driver who takes drinking;

1. Inquiries into the license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) 2016 Heights 1052;

1. Statement by the defendant in court;

1. Report on the results of the drinking control and the statement on the circumstances of driving under drinking;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 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 each sentence of imprisonment;

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. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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