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(영문) 청주지방법원 2018.06.14 2017고단2555
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

around 1:27 on August 6, 2017, the Defendant driven CBR Obaba, while under the influence of alcohol concentration of about 0.216% at the section of approximately 40km of alcohol in the front of the elementary school, which is located in the Goju-gu Gangseo-gu Gangseo-gu Gangseo-gu Gangwon-do, Jincheon-gu, Jincheon-gu, Jincheon-do.

On February 21, 2018, the Defendant, while under the influence of alcohol of 0.177% during blood without obtaining a driver’s license on February 21, 2018, the Defendant driven DK7 car from the road in front of the area over which DK7 was densely located in the Nowon-gu, Seogu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Chungcheongnam-gu, Seog-gu, Seogyeong-gu, Seogyeong-gu, Seogyeong-gu, Seogyeong-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

"2017 Highest 2555"

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of drinking and the statement of the circumstances of the driver of drinking alcohol: "2018 Highest 403";

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

1. An accident-related vehicle photograph;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 subparag. 1, Article 44 subparag. 2 subparag. 1, Article 44(1) of the Road Traffic Act (the point of self-driving on August 6, 2017), Article 148-2 subparag. 1, and Article 44(1) of the Road Traffic Act (the point of self-driving on November 30, 2017), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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

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 elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend a lecture, and the order to attend a lecture, are high in each drinking level, and the nature of the crime and the circumstances of the crime, such as the occurrence of accidents involving drinking without a license, are not easy. The elements of sentencing favorable to o are recognized as erroneous, and reflects the fact that there is no criminal history against the Defendant. The other elements of sentencing under Article 51 of the Criminal Act are as follows.

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