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(영문) 청주지방법원 2017.06.21 2017고단451
도로교통법위반(음주운전)등
Text

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

However, the execution of 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 October 14, 2014, the Defendant has been sentenced to a summary order of 3,50,000 won for a crime of violating the Road Traffic Act, and on October 31, 2008, the Defendant has been sentenced to a summary order of 1,00,000 won for the same crime from the source of water source method to a summary order of 3,50,000 won on at least two occasions due to a violation of the Road Traffic Act.

On February 12, 2017, at around 02:50, the Defendant driven a C Twork XG car with approximately 0.115% alcohol content while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters away from the 4-lane 25, a long-term 1-lane 26-3 road at the end of the 4-lane, Jincheon-gun, Chungcheongnam-do.

Summary of Evidence

A previous conviction in the ledger of driver's licenses of a motor vehicle in which the defendant's legal statement is made, the circumstantial report of the driver's driver who takes the driving of drinking, the notification of the results of the crackdown on driving of drinking, and the register of

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

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

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

6. The Defendant subject to the law of Article 62-2 of the Criminal Act regarding taking lectures and community service order is not likely to commit a crime by causing an accident that gets a vehicle on the seat of a driver without a license.

However, the fact that the defendant reflects the mistake, and does not repeat the vehicle after scrapping it.

The punishment shall be determined in consideration of the fact that the person has been sentenced to a fine twice due to drinking, the fact that the person has been sentenced to a fine, the age, sexual behavior, environment, etc. of the defendant.

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