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(영문) 청주지방법원 2017.08.25 2016고단2733
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 November 7, 201, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court’s branch on November 7, 201, and KRW 4 million as a fine for a violation of road traffic law (drinking driving) at the Chungcheong District Court on April 30, 2014.

On November 20, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on November 20, 2016, driven a DNA motor vehicle with alcohol content of 0.121% in an insular section from the window singing room to the windowing room located in the same Eup/Myeon located in the Dong-gu, Cheongju-si, and the windowing room located in the same Eup/Myeon.

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. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 favorable circumstances):

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act (hereinafter referred to as the following favorable circumstances) has the record of being punished several times before the instant case’s penal records, such as the Defendant again caused an accident by driving under the influence of alcohol or without a license, and the unfavorable circumstances, such as the Defendant’s confession and without a license, and the fact that the Defendant’s recidivism is committed as a result of the Defendant’s confession and in depth, and other favorable circumstances that are favorable to the circumstances of the instant crime, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the instant crime, shall be determined by comprehensively taking account of the following conditions of the sentencing

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