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(영문) 청주지방법원 충주지원 2017.01.13 2016고단752
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On September 27, 2016, at around 20:28, the Defendant driven a C Karen car with a alcohol level of about 150 meters from around the Roran restaurant in the Pacific City to the front of the religion in the same Myeon, without obtaining a driver’s license, while under the influence of alcohol level of about 0.109%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to the driving license ledger;

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

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 sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime in spite of the fact that he/she had been punished several times due to drinking or unlicensed driving, and the circumstances favorable to the fact that the Defendant’s blood alcohol concentration was relatively high at the time of the instant crime: The Defendant recognized and reflected the instant crime: The Defendant’s aforementioned circumstances and the Defendant’s age, sex, environment, circumstances, means and consequence of the instant crime, and the conditions of sentencing, such as the following circumstances, shall be determined as per the order.

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