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(영문) 청주지방법원 충주지원 2016.01.05 2015고단470
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

On March 2, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Cheongju District Court’s Assistance, and on October 26, 2011, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court.

On November 01, 2015, the Defendant, without obtaining a driver’s license at around 04:35, driven a B-Scar car in the state of alcohol concentration of approximately 0.178% in the section of about 30 meters, from the front of the new Korean line, which is located in the enclosed-dong, Chungcheong-si, Chungcheong-si, to the front of the front of the front of the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of drinking, application of the situation report on the driver of drinking, field photographs, and 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the violation against the crime and the absence of any previous conviction exceeding the fine);

1. Protection and observation, orders to attend lectures and orders to provide community service under Article 62-2 of the Criminal Act;

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