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(영문) 청주지방법원 제천지원 2014.10.23 2014고단290
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

On June 28, 2011, the Defendant was notified of a summary order of a fine of two million won for a violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District on June 28, 2011, and on July 12, 2011, the Defendant was notified of a summary order of a fine of two million won for the same crime in the same court.

On June 16, 2014, at around 21:25, the Defendant driven B Supoter, Spos, Spos, Spos, and Spos, without obtaining a driver’s license, at the front of the “Cheongpos, Cheongpos,” which is located at the center of the “Cheongpos,” which is located at the center of Seocheon-ro 1, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver report, a statement on the status of driving on a driving on a motor vehicle, and the register of driver's licenses;

1. Previouss before ruling: Application of Acts and subordinate statutes, such as inquiry reports on criminal records, such previous records and filing of summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures, despite the past record of being punished twice due to drinking driving in 2011, the crime is not good for committing this case.

However, the punishment shall be determined as ordered in consideration of the fact that there is no penalty power except the above punishment power, and all other conditions of sentencing such as blood alcohol concentration.

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