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(영문) 청주지방법원 제천지원 2016.02.04 2015고단657
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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, at the Cheongju District Court Support on June 12, 2013, has received a fine of KRW 1.5 million for a crime of violating road traffic law (dacting driving) and a fine of KRW 5 million for the same crime in the same court on October 17, 2013.

[2] On December 6, 2015, the Defendant driven a e-wing truck at approximately 3 km without a driver’s license, while under the influence of alcohol at around 0.174%, from the previous Do of “D apartment” located in 09:40 on December 6, 2015, to the front road of “Tagle” located in the same city of volcanic Dong.

Summary of Evidence

1. Statement 1. Statement of the Defendant’s legal statement; 1. Report on the situation of driving a vehicle, notification of the results of crackdown on driving a vehicle, report on the circumstances of the driver under driving a vehicle, and inquiry of the results of crackdown on driving a vehicle;

1. Previous convictions in judgment: Application of an inquiry letter (criminal career) and statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant committed the instant crime even though he/she had been punished several times due to drinking driving or non-licensed driving, etc., in light of the Defendant’s blood content, the risk is considerable to the Defendant, and the Defendant’s confessions and reflects the instant crime, and the fact that the Defendant has no criminal record of suspended execution or more during the last ten years is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case are considered as ordered.

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