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(영문) 청주지방법원 2017.10.26 2017고단1458
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2017, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (drinking driving), a fine of 2.5 million won for a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court on December 20, 2004, and a fine of 2.5 million won for a violation of the Road Traffic Act (dacting driving) at the Cheongju District Court on January 19, 201, and a fine of 3 million won for a violation of the Road Traffic Act (dacting driving) at the Cheongju District Court on July 14, 200.

On June 28, 2017, the Defendant driven a B B mountain-in vehicle under the influence of alcohol content of 0.266% in blood without a vehicle driver’s license from the front of the third apartment site located in the Heung-gu Bungdong-dong, Chungcheongnam-gu, Chungcheongnam-gu to the front of the Dondong-dong located in the Dondong-dong, Chungcheongnam-gu, Cheongju-do to the front of the Dondong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reports on the detection of drivers;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions in disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to the previous judgments

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

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 reason for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the order to attend a lecture, and the order to attend a lecture, and the order to provide community service order, are very often past convictions, such as the defendant's previous convictions of drinking and non-licenseless driving fines four times, and three times and previous convictions of violation of Road Traffic Act, and the criminal sentence of suspended executions due to the crime of aggravated punishment of specific crimes (e.g., vehicles for escape). On May 23, 2017, a compliance consciousness becomes rares, such as where the defendant was sentenced to suspended sentence due to the crime of aggravated punishment of specific crimes. On June 8, 2017, he/she was under the control of drinking while driving at drinking and driving without obtaining a summary order of KRW 5 million from this court.

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