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(영문) 청주지방법원 충주지원 2015.11.27 2015고단390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 22, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on May 22, 2008, and a fine of KRW 2.5 million for the same crime at the same court on September 6, 2011.

On September 21, 2015, the Defendant driven a B gallon in the state of alcohol alcohol concentration of 0.160% without obtaining a driver’s license from the front of the restaurant in the mutual and aesthetic direction near the Chungcheong-dong in the Chungcheong-si, Chungcheong-si to the front of the lurg middle school located in the same lurg-dong from around 800 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the occurrence of the case, report on the results of the drinking driving control, report on the circumstantial statements of drinking drivers, inquiry into the results of the drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the crime is committed, etc.);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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