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(영문) 청주지방법원 2018.06.15 2018고단678
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was ordered to take a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Cheongju District Court on April 17, 2008, and on March 29, 2018, the Defendant claimed a summary order for the same crime as the Daejeon District Court's astronomical Branch Support on March 29, 2018.

[2] Around 01:30 on March 22, 2018, the Defendant driven BM5 vehicle from the front of a restaurant in which trade name located in 0.141%, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do, is unknown, to the end of the 500-meter road at the center of the same Eup/Myeon to the front of the 53-way road without a vehicle driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, sex behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime are determined as ordered by the order, comprehensively taking into account the following circumstances: (a) the defendant's age, sex behavior, environment, motive of the crime, means and consequence of the crime; (b) three times of previous convictions; (c) the blood alcohol concentration is high; and (d) the criminal procedure is in progress due to the crime of violating the Road Traffic Act by the latter part of the previous convictions and the latter part of the judgment; (b) the criminal procedure is

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