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(영문) 청주지방법원 2019.01.25 2018고단991
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

"2018 Highest 991" committed a violation of the Road Traffic Act at the Cheongju District Court on March 9, 2017. A summary order of KRW 1,00,000,000,000,000, which was imposed on November 13, 2017. A person who violated the provision on the prohibition of driving under the influence of alcohol under the Road Traffic Act on at least two occasions under the influence of alcohol under the influence of the Road Traffic Act on at least two occasions, including where he/she received a summary order of KRW 2,00,000,000,000, respectively, and driving a vehicle under the influence of alcohol concentration of 0.075% without obtaining a driver's license on April 4, 2018.

Around 08:10 on November 30, 2018, the Defendant driven a DL car without a driver’s license from the front of the Heung-gu E apartment in Jung-gu, Seo-gu, Chungcheongnam-si to the front road of about 50 km-ro 8, Cheongju-si, the petition shopping-ro 8, Cheongju-do, to the upper road of about 10km-ro 50 degrees.

Summary of Evidence

"2018 Highest 991"

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the control results of drinking driving, and the register of driver's licenses;

1. Previous convictions as indicated in the judgment: Criminal history records, inquiry reports (verification of the fact that a summary order has been finally issued ( twice for a violation of the law on the gambling of a suspect), and summary orders "2018 Highest 2890";

1. Defendant's legal statement;

1. Report on occurrence of cases, and application of the laws and subordinate statutes on the register of driver's licenses;

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

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

1. Imprisonment with prison labor for choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the degree of discretionary mitigation and the circumstances of drunk driving, etc.);

1. Article 62 (1) of the Criminal Act (the fact that there is no record of the suspension of the execution of the same kind or more, and the fact that it is against it);

1. Social service order under Article 62-2 of the Criminal Act;

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