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(영문) 청주지방법원 2016.08.24 2016고단1457
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 1, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 1, 2014, and was sentenced to imprisonment with labor for the same crime on May 27, 2016.

[2] On June 14, 2016, the Defendant driven Cinier vehicle under the influence of alcohol content of about 0.131% without a driver’s license in the front of the “Song Park” road located in the same Eup/Myeon from the Do located in 660-1, Chang-gu, Chang-gu, Seoul, Seoul, to the front of the “Song Park” road located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. The driver's license ledger;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiries about criminal history, reporting on the results of previous convictions in disposition, and applying Acts and subordinate statutes to investigation reporting (a copy of summary order);

1. Subparagraph 1 and subparagraph 43 of Article 152 of the Road Traffic Act (unlicensed driving) concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) include only the records of having been punished for driving alcohol, and the defendant committed the crime of this case due to drinking alcohol or driving without a license even though he/she had a previous conviction for the suspension of execution, and even if he/she had a previous conviction for the suspension of execution, he/she committed the crime of this case by drinking alcohol or driving without a license. In light of the defendant's blood alcohol concentration, the risk is considerably unfavorable to the defendant. In light of the defendant's blood alcohol concentration, the defendant's confession of the crime of this case and his/her reflects it is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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