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(영문) 청주지방법원 충주지원 2018.11.30 2018고단555
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1 million on March 2, 2004 as a crime of violating the Road Traffic Act in the support of the Youngju District Court on March 2, 2004, with a fine of KRW 1 million,000,000,000,000 for the same crime in the support of the Chungcheong District Court on February 6, 2013, in the support of the Chungcheong District Court on April 29, 2016, in the same court on April 29, 2016, as a crime of violating the Road Traffic Act (unlicensed Driving) on December 7, 2016.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven B rackers under the influence of alcohol level of about 0.101% while under the influence of alcohol level of around 13:30 September 12, 2018 without obtaining a driver’s license in a section of about 500 meters from the front of the road where “malin fisheries” was 206, 306, 406-4 of the Eup/Myeon, and the front of the road where “malin fisheries” was “malin fisheries” on September 12, 2018

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Criminal records: References to inquiries, investigation reports (reports attached to the summary order of the same kind of power), - Application of the summary order of the same power to Acts and subordinate statutes;

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

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 punishment shall be determined and the protection, observation, etc. thereof shall be added in consideration of the reasons for the sentencing of Article 62-2 of the Criminal Act, the background of the crime, the degree of alcohol in blood, the record of the crime, the circumstances after the crime, and other sentencing conditions.

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