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(영문) 청주지방법원 2016.07.20 2016고단959
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2016, the Defendant driven D 130 vehicles under the influence of alcohol content of about 0.084% while under the influence of alcohol without a vehicle driver’s license in the front road of “the first apartment house at the time of the YYYYYYYYYYYYYYYYYYYY Do” located in the same Do from “the second Donpo-dong, the second Donpo-dong” located in the Pungdong-gu, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry letter of driver's license and a report on the situation of driver's license;

1. Notification of the results of crackdown on the driving of drinking, report on the circumstances of the driver of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Subparagraph 1 and subparagraph 43 of Article 152 of the Road Traffic Act (non-licensed driving) concerning the facts constituting an offense, and Articles 148-2 and 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime due to drinking or driving without a license even though he/she had the record of being punished for driving under drinking, and is disadvantageous to the defendant. The defendant is led to the confession of the instant crime, and the defendant is against himself/herself, and the fact that he/she has no record of suspended sentence or more is favorable

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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