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(영문) 청주지방법원 충주지원 2017.03.28 2017고단47
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal record] On September 25, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1.5 million for the same crime in the same court on December 16, 2008, and a summary order of KRW 5 million for the same crime in the same court on May 1, 2015.

[2] On January 15, 2017, the Defendant driven two cargo vehicles owned by the dialogue industry, under the influence of alcohol content of about 0.157% without obtaining a driver’s license, from the road in front of the gas in front of the 3054 Man-si, Chungcheongnam-si to about 4km in the same city, from the road in front of the 3054 Man-si, to the mountain distance of about 9 km in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Making teas;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (the same kind of driving force of suspect drinking);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which imposes more severe punishment);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has already been punished for drinking on four occasions, and the alcohol concentration in blood is high;

The favorable circumstances: The confession, reflect, and the fact that there is no record of punishment that the defendant has been punished for a violation of the same kind of criminal records, etc. shall be determined as above on the grounds that he/she has been sentenced to imprisonment for six months, suspension of execution, two years, observation of protection, and instruction of compliance driving 40 hours or more.

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