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청주지방법원 제천지원 2016.12.22 2016고단422

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 May 23, 2011, the Defendant was issued a summary order of KRW 1 million with fines for a violation of the Road Traffic Act, and a summary order of KRW 3 million with fines for a violation of the Road Traffic Act in the Cheongju District Court Support on April 28, 2016.

On October 17, 2016, around 22:00, the Defendant driven C Poet Cargo with about 0.060% alcohol level, without obtaining a driver’s license, from the 32nd 23rd Dold Dold Dold Dold Dold Dold Dold Dold 23 to the 46rd Dold Dold Dold Dold Dold Dold Dold Dold

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses (criminal records on the market);

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

The fact that there has been two times of punishment due to drinking driving is confessioned and against it.