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(영문) 청주지방법원 2017.11.10 2017고단428
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2015, the defendant of "2017 Highest 428" was sentenced to a fine of one million won for a crime of violation of road traffic laws by the Cheongju District Court on June 9, 2015, and a fine of four million won for the same crime in the same court on October 18, 2016.

On February 25, 2017, around 00:26, the Defendant driven a B-hand car with alcohol content of 0.091% while under the influence of alcohol without a driver’s license, from around 1km to around the road of the same non-driving-dong election commission, from around 21-14, Seo-gu, Seo-gu, Seoul Special Metropolitan City.

On June 10, 2017, the Defendant, “2017 Highest 1446, the Defendant, without obtaining a driver’s license on around 08:42, on June 10, 2017, driven a motor vehicle with B investment in the section of about 1km in the section of approximately 1 km to the roads in front of the large agricultural joint market located in 1084, Cheongju-si, Goju-gu, Goju-si, and the roads located in 1084.

Summary of Evidence

"2017 Highest 428"

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each criminal investigation report (report attached to the same type of summary order), two copies of summary order “2017 Heights 1466”);

1. Statement by the defendant in court;

1. License register;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Road Traffic Act in cases falling under the order of 428 high group of 2017 high group of 428, and the crimes of violating the Road Traffic Act (Non-licenseed Driving);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The defendant committed each of the crimes in this case again, even though he had had the record of being punished twice due to drinking driving prior to the instant case.

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