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(영문) 청주지방법원 2019.05.22 2018고단3009
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 28, 2007, the Defendant was sentenced to a summary order of KRW 3 million by the Cheongju District Court for the violation of the Road Traffic Act (driving). On June 29, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same offense by the same court, etc.

On December 6, 2018, at around 23:30, the Defendant driven a DNA Ⅱ truck while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.096% from the Do in front of the petition-gu, Cheongju-si to the road C in front of the road.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

At around 22:20 on March 3, 2019, the Defendant driven FW125 Obama from around the front of the police station located in the 60-ro, Cheongju-si, Cheongju-si, Cheongju-si to the front of the same city, without a motorcycle driver's license, from around 1km section from around 1km to the front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Each fact-finding survey report, reports on the control results of drinking driving, reports on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment), subparagraph 2 of Article 154 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to imprisonment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Imprisonment with prison labor for a range of six months to one year and six months, and a fine of 50,000 won to three hundred thousand won;

2. 8 months of imprisonment with prison labor for a decision of sentence and 300,000 won disadvantageous to a fine: The circumstances favorable to the driving and non-licensed driving during the suspended execution period due to the same kind of crime are expected to reflect the instant case.

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