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(영문) 청주지방법원 2020.04.21 2019고단2522
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 8, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Cheongju District Court (hereinafter “Cheongju District Court”), and on November 4, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime in the same court, and on September 20, 2012, a fine of KRW 5 million for the same crime in the same court.

On November 8, 2019, at around 16:05, the Defendant driven the E KR110 B-wheeled vehicle while under the influence of alcohol content of 0.073% without obtaining a motorcycle driver's license from the front of Scki in Seo-gu, Seowon-si, Seowon-si to the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (defensive circumstances, such as the fact that the person has no record of punishment heavier than the fine for the same crime, the fact that the person does not repeat the crime in the future, and the fact that the person does not live faithfully);

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