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(영문) 청주지방법원 영동지원 2017.12.14 2017고단117
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 October 22, 2012, the Defendant issued a summary order of KRW 1,00,000 for a fine of KRW 1,000 for a violation of road traffic law in the Youngju District Court's territorial jurisdiction on October 22, 2012, for the same crime at the Daejeon District Court on August 13, 2013, for a summary order of KRW 3,00,000 for a fine of KRW 1,00 for the same crime at the Daejeon District Court on August 13, 2013, on December 2, 2013, for a violation of Road Traffic Act (non-licensed driving) and a violation of Road Traffic Act (non-licensed driving), respectively.

On August 3, 2017, around 23:20, the Defendant driven a Bland in the Bland under the influence of alcohol content of about 0.112% in the section of approximately 150 meters from the road in front of the Hacheon-ro, Maok-ro, Mai-ro, Mai-ro, 86, Mai-ro, Mai-ro, Mai-ro, Mai-do.

Accordingly, the Defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Criminal records as stated in the judgment: A response to inquiries, such as criminal history, investigation report (Evidence Serial No. 9), and the application of the attached documents and statutes;

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)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] of the order to observe the protection and attend lectures] The crime of this case is that the defendant again committed a person who violated the prohibition of drinking at least twice, and driving under drinking and driving without a license, and the nature of the crime is hot.

In the blood transfusion of drinking driving, alcohol concentration.

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