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(영문) 청주지방법원 2018.05.31 2017고단2769
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 27, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (driving), etc. at the Daejeon District Court on July 8, 2014, and sentenced to a fine of KRW 6 million for a violation of road traffic law (driving), etc. at the Chungcheong District Court on July 21, 2016. On July 21, 2016, the Defendant was sentenced to a suspended sentence of 10 months for a violation of road traffic law (driving) at the Daejeon District Court on July 29, 2016, and was sentenced to a suspended sentence of 12 times for a violation of road traffic law.

[2] On November 19, 2017, the Defendant, at around 18:00, driven a CA110 engine bicycle with approximately 800 meters alcohol concentration at around 0.144% while under the influence of alcohol in blood without obtaining a bicycle driver’s license from the front of a restaurant in the BS-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City to the front of the same Eup-do street route from the front of the restaurant in the BS-gu, Chungcheongnam-gu to the front of the same Eup-do street.

As a result, the defendant, even though he had the power of driving drinking more than twice, once again, operated the motor bicycle without a motor device bicycle license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report during the period of suspended sentence of a 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence: The elements of sentencing unfavorable to the reasons for sentencing of each sentence of imprisonment: The crime committed while driving under the suspension of execution due to the crime of driving under drinking, etc., is very pleasure of the nature of the crime, such as making accidents while driving under the same influence without a repeated license. The amount of drinking alcohol is high. The punishment of imprisonment, suspension of execution, and fine is imposed due to drinking, non-

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