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(영문) 청주지방법원 2018.11.15 2018고단1201
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 21, 2013, the Defendant was punished by a fine of four million won for a violation of the Road Traffic Act in the Cheongju District Court's Gunsan Branch on May 19, 2016, and was punished by a fine of four million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on May 19, 2016. On July 18, 2016, the Cheongju District Court was punished by a fine of seven million won for a violation of the Road Traffic Act (driving without a license) and was punished by a fine of eight million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court's Cheongju District Court on August 18, 2017.

[Criminal facts] On May 1, 2018, the Defendant driven a Mari-dong car without a driver’s license, while under the influence of alcohol content of about 0.170% in blood, from the front of the shooting distance Posi-dong, approximately 200 meters away from May 1, 2018 to the 45-ro, Jin-ro, 47 meters away from the same Jin-ro, Mari-dong.

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. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of such previous history, etc.);

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

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act has been sentenced to a fine due to the driving of alcohol without a license even though it had been four times or more due to the reason for sentencing, and it is not visible that a parked vehicle was parked while driving a drinking without a license. However, it is not visible that the defendant is placed on a strict punishment. The defendant is not required to dispose of the o vehicle and not repeat the crime.

In addition, the sentencing conditions of Article 51 of the Criminal Code are integrated.

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