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(영문) 청주지방법원 2016.12.22 2016고단2352
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2013, the Defendant received a summary order of KRW 1.5 million from the Cheongju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on March 29, 2016 to a fine for the same crime, respectively.

On October 15, 2016, while under the influence of alcohol by 0.117% without a vehicle driver's license, the Defendant driven BK three vehicles from the section of about 5 KK at approximately 5 Km from the home flusing front of the home flusing road located in the Heung-gu Pungdong-gu Pungdong-dong (Cheongju-gu) to the Dong Dong-Non road located in the same Gu.

As a result, the Defendant violated the duty of prohibition of driving in the state of driving not less than twice, and drives the vehicle in the state of driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report on actual condition, notification of the results of the drinking driving control, and application of Acts and subordinate statutes to a license ledger;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act: (a) The sentence identical to the order shall be determined by taking into account the following factors: (b) the reasons for sentencing under Article 62-2 of the same Act; (c) the circumstances after driving without obtaining a license, driving without a license; (d) the degree of alcohol measurement; (d)

It is so decided as per Disposition for the above reasons.

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