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(영문) 청주지방법원 2018.02.20 2016고단1618
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 4, 2008, the Defendant was issued a summary order of 1.5 million won for a crime of violating road traffic law (drinking driving), and on August 20, 2008, the Defendant was sentenced to a summary order of 3 million won for the same crime in the same court. On April 22, 2010, the Defendant was sentenced to a suspended sentence of 8 months for the same crime in the same court, and was sentenced to a suspended sentence of 6 months for the same crime in the same court on January 17, 2013.

[Criminal facts] On July 11, 2016, the Defendant driven CEX car without a vehicle driver’s license in the state of under the influence of alcohol content of about 0.088% from a 1km section to the Hashecheon-dong, which is located in Heungcheon-dong, Sacheon-dong, Sacheon-dong, Sacheon-dong, Sacheon-gu, Sacheon-dong, Sacheon-gu, Sacheon-gu, Cheongju-si, without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to summary orders and rulings of the same kind of case as the suspect), summary orders, and application of statutes of the judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment has already been punished several times prior to the instant case by the Defendant for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licenseed driving), and among them, there was a history of having been sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act on April 22, 2010, as well as a history of having been sentenced to a suspended sentence of imprisonment for a crime of the same kind of crime on January 17, 2013; and even thereafter, a fine of seven million won is imposed due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles) on September 15, 2015.

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