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(영문) 청주지방법원 2016.04.15 2015고단2048
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2013, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Jeju District Court on April 12, 2013, and was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on March 24, 2015, and was sentenced to a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act on at least two occasions.

On November 7, 2015, the Defendant driven B truck under the influence of alcohol content of about 0.186% without obtaining a driver’s license from the front of a restaurant located in the name of the Nam-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the front of the marg of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to about 1.5 kilometers.

Summary of Evidence

1. Statement by the defendant in court;

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. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment of a copy, etc. of a summary order), inquiry of summary information of the case, and application of three-class summary orders, respectively;

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 of 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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the protection observation and attendance order, and the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered in full view.

Unfavorable circumstances - The driver had been punished for drinking or non-licenseless driving, but has driven a vehicle without a license.

The defendant's mistake is divided into favorable circumstances - defendant's mistake.

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