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(영문) 청주지방법원 영동지원 2015.11.05 2015고단164
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 28, 2009, the Defendant received a summary order of KRW 1,50,000 for a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) from the Young-dong Branch of Young-gu District Court on May 31, 2012, the Defendant received a summary order of KRW 3,50,000 for a fine of KRW 1,50,00 for a violation of the Road Traffic Act (e.g., a violation of the Road Traffic Act) from the Young-dong Branch of Young-gu District Court on May 15, 2015.

【Criminal Facts】

The defendant is a person who violates Article 44 (1) of the Road Traffic Act not less than twice, such as the above criminal records.

On August 8, 2015, at around 21:00, the Defendant driven a D2-person car under the influence of alcohol level of about 0.142% without obtaining a driver's license in the front of the residence of the Defendant in the above C from the front of the 21:14th day to the intersection of a restaurant in the 229-day Embane, Embane, Embane, Embine, Embine, Embine, Embine, Embine, Embine, in the influence of alcohol level of about 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of criminal records of the same kind) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

1. Probation and community service order Article 62-2 of the Criminal Act provides that the defendant's quality of crime is not weak in that he/she drives under the influence of alcohol due to repeated sentencing of the defendant.

However, there is no criminal history exceeding a fine, and the defendant has.

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