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(영문) 청주지방법원 2015.01.16 2014고단1643
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

[criminal power] On June 4, 2008, the Defendant was notified of a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Cheongju District Court, and on January 20, 2009, the Defendant was notified of a summary order of KRW 700,000 for the same crime in the same court. On August 13, 2014, the Defendant was notified of a summary order of KRW 6 million for the same crime.

【Criminal Facts】

On October 7, 2014, the Defendant, without obtaining a driver’s license at around 02:24, the blood alcohol level of 0.142%, driven a B low-est car at the front of the Cheongju-si at the Cheongju-si, from the front of the cafeteria located in the Cheongju-si, to the front of the road located in the Cheongju-dong-dong-dong-dong-dong in the Cheongju-si, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of details of control, report on the circumstances of a drinking driver, and the result of the crackdown on drinking;

1. Detection of the detection site;

1. A previous conviction in judgment: An inquiry report about criminal records, etc., an inquiry report on criminal records, an aesthetic background and a report on results of confirmation, and a copy of summary order

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is deemed to lack the awareness of the crime of drinking driving, such as committing the same kind of crime several times.

However, the defendant's mistake is seriously against the defendant, and the drinking driving is not allowed.

A defendant has no record of punishment, in addition to a fine.

In addition to this point, the punishment as ordered shall be determined in consideration of various conditions of sentencing as shown in pleadings, such as the age, character and conduct, family relationship, details and details of the crime, and circumstances after the crime.

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