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(영문) 청주지방법원 충주지원 2017.09.12 2017고단668
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

[criminal history] On January 22, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving without a license), etc. on the grounds of a violation of the Road Traffic Act, and on May 28, 2009, the same court issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving without a license). On October 13, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving without a license) in the resident support of the Daegu District Court. On June 27, 2016, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the residents support of the Daegu District Court.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven C-be 2 cargo vehicles under the influence of alcohol concentration of about 0.206% without obtaining a driver’s license from the road near the “Buk-ro” road located in the Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, as of July 14, 2017 to the front road B.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Reporting on the arrest of a case;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a Attachment to a summary order, etc. of the same kind of power);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act, which is heavier than punishment);

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. The Defendant on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures was sentenced to a fine in 2009 and 2015 due to driving under influence of alcohol, and each fine in 2009 and 2016 due to driving without a license.

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