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(영문) 청주지방법원 제천지원 2018.11.22 2018고단312
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On May 17, 2018, around 20:40, the Defendant driven the B Poter Cargo Vehicles owned by the Defendant without a driver’s license, in the section of approximately 2km from the 406 lower parking lot to approximately 8-gil 28,00,000, from the 406 lower parking lot to the 8-lane 28,000 upper road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses, details of revocation of driver's licenses, and inquiries about disqualifications of the main office;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (the hours during and distance from drinking);

1. Criminal records: References to inquiries, such as criminal history, investigation reports (criminal records of the same kind), each summary order, and the application of the text of the judgment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: From around 2000 to around 2017, the suspension of the execution of imprisonment with prison labor is one time and five times the fine is imposed on the violation of the Road Traffic Act.

In blood, alcohol concentration is high.

A traffic accident occurs in which parked vehicles are parked on a regular basis.

The favorable circumstances: The mistake is recognized and reflected.

Five cases among the six drinking driving criminal records will be done before November 2003.

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