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(영문) 청주지방법원 2017.05.25 2016고단2841
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 September 18, 2009, the Defendant issued a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court on September 18, 2009. On November 7, 2016, the Defendant received a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on November 7, 2016.

A person who was punished twice or more due to a violation of the Road Traffic Act (drinking) as above, and was driving a motor vehicle at around 20:55 on November 1, 2016, the Defendant: (a) from the roads front of the Cheongju Sports Center located according to the resignation of Cheongju-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-si, the Cheongju-gun, the Gu office of which, in the 7km section, from around 0.08% alcohol concentration in blood, to the roads front of the Cheongju-gun, the Gu office of the appeal.

On March 8, 2017, 2017, the Defendant driven the Ewing and III cargo vehicle in the area of about 10km from around 10km to around 274km from around the office of the Defendant of the Cheongju-gu U.S. D. to around 10km from around 10:40 to around 274km from the office of the Defendant of the Cheongju-gu Seoul Metropolitan Government.

Summary of Evidence

"2016 Highest 2841"

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol and the statement in the circumstances of the driver involved in driving alcohol;

1. A driver's license inquiry;

1. Notice of completion of correction;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) 2017 highest 506;

1. Statement by the defendant in court;

1. Statement of control and report on the situation of driving without a license;

1. Application of Acts and subordinate statutes to the driving license ledger (A);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing Article 62-2 of the Criminal Act:

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