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(영문) 청주지방법원 2018.12.06 2018고단1731
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【The Defendant issued, on October 19, 201, a summary order of KRW 5 million to a fine of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court on the grounds of a violation of the Road Traffic Act, and on October 31, 2017, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court on the ground of a violation of the Road Traffic Act.

【Criminal facts” around July 23, 2018, the Defendant driven a B EF small-type car without a driver’s license while under the influence of alcohol content of about 500 meters at approximately 0.078% while driving a vehicle in the state of under the influence of alcohol on the roads located in the Dong-gu Eup located in the Dong-gu Eup, Seoul Special Metropolitan City.

As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, and driving a motor vehicle under the influence of alcohol without a license for driving a motor vehicle in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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 the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the crime is recognized and mistakenly divided, the fact that there is no record of punishment exceeding the fine, the fact that there is a family member to support the defendant, and the alcohol concentration in the blood of this case);

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