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(영문) 청주지방법원 2016.07.22 2016고단335
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence 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 2, 2015, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating road traffic law (driving), and on October 13, 2015, the Defendant was sentenced to a summary order of five million won for the same crime at the Cheongju District Court, and on October 13, 2015, two times the records of punishment for driving under drinking, such as the issuance of a summary order of five million won for the same crime, respectively.

On January 28, 2016, the Defendant, without obtaining a bicycle license for a motor device 01:40 square meters, driven a 49c diabane in front of a restaurant under the mutual influorial fluorial fluorial fluoral village of the Chungcheongbuk-gun, Chungcheongnambuk-gun, with a alcohol content of 0.107%, from the front of a restaurant under the mutual influorial fluorial fluorial fluorial fluoral, to the front of a 49c diabane in front of a rest area in the middle of the military (204 km from the middle

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on arresting a suspected suspect, such as a violation of traffic laws on roads, reporting on the situation of driving a vehicle, reporting on the circumstantial statement of a driver who takes the driving, notification of the results of regulating the driving of drinking, and the ledger of driver's licenses;

1. Stophode photographs; and

1. Previous convictions: References to inquiries about criminal history, investigation reports (Attachment of a copy of a summary order), and application of Acts and subordinate statutes of the summary order;

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

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

Unfavorable circumstances - Each of the crimes of this case committed each of the crimes of this case, even though they had been recently punished twice in the same kind of crime.

- The drinking volume is relatively high.

The favorable circumstances - mistake is divided.

- The driving of a vehicle is a wheeler with the wheels and is entering an expressway due to a mistake in the road.

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