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(영문) 청주지방법원 2018.09.13 2018고단661
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2003, the Defendant was sentenced to a fine of KRW 700,00,000 to a fine of KRW 1 million for the same crime from the Suwon District Court's branch on July 11, 2008 to a fine of KRW 1,00,000,000 for the same crime, from the Cheongju District Court's support on November 9, 2009 to a fine of KRW 2,00,000 for the same crime, and from the same court on August 19, 201 to a fine of KRW 2,00,000 for the same crime.

On March 26, 2018, while under the influence of alcohol 0.124% during blood transfusion, the Defendant driven a 100-meter car from the front of the Cheongju Women's High School located in the Cheongju-si, the petition rate of which is 0.124%, to the front road of the store of "104 Bac Market" located in the same Gu, the Defendant driven a 100-meter car from the 800-meter section to the front road of the store of "1004 Bac Market."

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

On June 14, 2018, the Defendant driven a car with approximately KRW 8km B, from the center of the art university of “Cheongju-si University,” located in Cheongju-si, the petition of which is located in Cheongju-si, without obtaining a driver’s license from around 09:50 on June 14, 2018, to the front road of the “Yju-si,” located in Cheongju-si, the Seoul High School of Arts.

Summary of Evidence

"2018 Highest 661"

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. Previous convictions in judgment: 2018 Gool 1413 Gool 1413 "Written reply to inquiry, such as criminal history, investigation report (attached to such previous conviction, summary order, etc.);

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to inquiries into the register of stations and licenses;

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. 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. The sentencing of Article 62-2 of the Criminal Act is limited to orders to attend lectures and orders to provide community service.

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