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(영문) 청주지방법원 2014.10.30 2014고단1057
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant, without a driver’s license, driven B-wing cars from approximately 500 meters to the front road of the 119 Safety Center located in the 14-1-gil Dong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in the state of alcohol of 0.086% of blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses, report on circumstantial statements and detection thereof;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of violation of the Road Traffic Act with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act consists of unfavorable circumstances and mistakes such as the repeated driving of a license without a license in the state of drinking on May 19, 2009, and a fine of KRW 1.5 million on October 16, 2013, even though the order was issued on May 19, 2009, and a fine of KRW 1.5 million on October 16, 2013, the above order was issued, and the same is divided into: (a) there was no record of punishment except for four times of a fine; (b) there was no record of punishment other than the four times of a fine; (c) other favorable circumstances such as the Defendant’s wife wanting to take the Defendant’s wife by drinking alcohol and driving distance, etc.; and (d) other conditions of sentencing indicated in the argument of this case, the execution of imprisonment with prison labor shall be suspended

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