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(영문) 청주지방법원 2018.03.08 2017고단2279
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On September 27, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Cheongju District Court, and on February 24, 2015, the Defendant was issued a summary order of KRW 3.5 million for the same crime at the same court.

[2] On October 4, 2017, the Defendant, while under the influence of alcohol about 0.203% during blood alcohol around 10:03, was driving a B-house car from the 138 km-ro, Macheon-gun, Macheon-gun, without obtaining a driver’s license, to drive a car from around 2 km-ro to the front road of the Cheongsan-gun, Man-gun, Man-gun, Man-gun, Man-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of the case, notification of the results of crackdown on drinking driving, and report on the detection of the driver;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or orders to provide community service: The driver shall repeatedly drive alcohol without obtaining a license, even though he/she has past record of being fined four times due to drinking driving;

o. The Sentencing factor is high: Recognizing errors and reflects, supporting family members, and living in good faith without recommitting a crime. o Other factors for sentencing under Article 51 of the Criminal Act, comprehensively taking into account the sentencing conditions of Article 51 of the Criminal Act, the sentence is determined as ordered.

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