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(영문) 청주지방법원 2018.04.19 2017고단2479
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The criminal history of the Defendant has been sentenced to a fine of KRW 2,00,000,00 for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Cheongju District Court on September 22, 2015, and a fine of KRW 3,00,000 for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving) in the same court on November 17, 2015.

2. The Defendant, on October 26, 2017, driven a 500-meter 500-meter from the front day of the site in which CCA110 is located in the Jincheon-gun, Jincheon-gun, Jincheon-gun, under the influence of alcohol content of at least 0.080%, without obtaining a bicycle bicycle driver’s license for a motor engine device for around 19:50 on the same day to the front day of the site in which CCA110 is located in the Jincheon-gun, Jincheon-gun, Jincheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol, and notification of the completion of correction;

1. The driver's license ledger;

1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported statutes;

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 suspended execution;

1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of drinking shall be subject to a fine twice due to drinking, five times due to a licenseless driving, etc., and the repeated driving of drinking without a license even though there are many previous capabilities;

oly favorable sentencing factors: Recognizing errors and reflects, o and other sentencing conditions under Article 51 of the Criminal Act, the sentence shall be determined as ordered by taking into account the sentencing conditions under Article 51 of the Criminal Act.

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