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(영문) 청주지방법원 제천지원 2017.11.09 2017고단276
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[2] On April 22, 2016, the Defendant received a summary order of a fine of three million won for a crime of violating road traffic laws in the Cheongju District Court's Incheon Branch on April 22, 2016, and a summary order of five million won for a crime of violating road traffic laws in the Cheongju District Court's Incheon Branch on October 7, 2016.

[2] Although Defendant 1 had been punished for committing a violation of the Road Traffic Act (drinking) on at least two occasions, Defendant 1 driven a motor vehicle under the influence of alcohol level of approximately 0.060% from the 1.6km section of the blood alcohol level from around 07:40 on September 1, 2017 to the front road of the 356-gradular apartment at around 14:0 on September 1, 2017 without obtaining a driver’s license for the motor vehicle under the influence of alcohol level of about 0.060% from the 1.6km to the front road of the 356-grax gas station.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement report on the electronic circumstances before driving a driver and investigation report (report on the situation of the driver of the driving a driver who is on duty);

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of a copy of the summary order under 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)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

One time as a crime of violation of road traffic laws (drinking driving), and one time as a crime of violation of road traffic laws (drawing driving).

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