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(영문) 청주지방법원 충주지원 2017.03.22 2016고단677
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 677 decided April 17, 2015] The Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in Drinking) at the Cheongju District Court’s Chungcheong Branch on April 17, 2015, and on September 23, 2016, the same court issued a summary order of KRW 1 million for the same crime in the same court on September 23, 2016, respectively, stated the facts that the Defendant requested the summary order as to the above request for the summary order in accordance with the evidence records referred to in the secondest 115 of the Highest 2017 Highest 115, and it can be known that the summary order was issued on September 23, 2016. Thus, it is recognized as the same without the amendment process.

On August 30, 2016, at around 21:50, the Defendant driven a DEX car while under the influence of alcohol concentration of 0.125% in blood, from the front of the C convenience store, a section of approximately two meters from the front of the C convenience store.

[2017 Highest 115] On February 9, 2017, the Defendant driven GMW car without a vehicle driver’s license from around 200 meters to the front road of Samwon elementary school located in the same city E from March 128, 2017 to the front road of “F” located in the same city E.

Summary of Evidence

[2016 Highest 677]

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notice of the result of crackdown on the driving of alcohol and report on the situation of the driver in charge;

1. Sanoma site photographs;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (report on the binding of indictments), an investigation report (report on attachment to the summary order of the same type of crime) (Attachment to the summary order of the same type of crime);

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

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. Protection observation;

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