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(영문) 청주지방법원 2015.06.23 2015고단488
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On February 12, 2013, the Defendant received a summary order of KRW 7 million from the Cheongju District Court to a fine of KRW 1,000 due to a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Cheongju District Court on February 27, 2013 to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act.

On March 19, 2015, at around 21:15, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of 0.165% without obtaining a driver’s license from the lower parking lot located in the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jin-gun to the lower roads.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

1. Registers of driver's licenses;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Previouss before judgment: Criminal history records, reply reports, and the application of Acts and subordinate statutes (Evidence No. 14)

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The decision of imprisonment shall be made and the execution of the sentence shall be suspended additionally by ordering the participation in the compliance driving lecture, taking into consideration the various kinds of conditions of the sentencing, such as the distance from which the person was driven under the reason for sentencing, the numerical value of alcohol content, the background of the driving, the age, character and environment of the accused, the means and consequence of the crime, and the circumstances after the crime

It is so decided as per Disposition for the above reasons.

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