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(영문) 청주지방법원 충주지원 2017.08.11 2017고단559
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 history] On November 23, 2007, the Defendant was sentenced to a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act at the Gwangju District Court on November 23, 2007, and a suspended sentence of two years for a year for a violation of the Road Traffic Act at the Seocheon Branch of the Gwangju District Court on September 9, 2009.

[2] On June 30, 2017, at around 00:18, the Defendant driven Cpoter cargo under the influence of alcohol leveling 0.093% of alcohol level while under the influence of alcohol leveling 0.093%, without obtaining a driver’s license in a section of about one meter in the direction of a high-tech shelter in the direction of a ggram restaurant in the direction of a ggram 6-way rest place on the front of the C-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The ledger of driver's licenses for each motor vehicle and the register of each motor vehicle;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act on October 1, 2003 of the Act on the Protection and observation and lecture attendance order is a fine of 2.5 million won due to a crime of violating the Road Traffic Act at the Gwangju District Court's Busan District Court's jurisdiction on November 1, 2003 due to a violation of the Road Traffic Act (non-licenseless driving), etc. at the Gwangju District Court's jurisdiction on November 25, 2003, a fine of 2.5 million won due to a violation of the Road Traffic Act (toxic driving).

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