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(영문) 청주지방법원 2018.07.12 2018고단236
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 15, 2015, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Cheongju District Court on September 15, 2015 and a fine of five million won for the same crime at the same court on August 30, 2016.

2. On February 7, 2018, the Defendant, without obtaining a driver’s license on a vehicle at around 02:28, the Defendant driven the B car at a 300-meter level from the front of a cafeteria, the trade name in the agricultural and fishery product market near the Heung-gu, Soung-gu, Young-gu, Cheongju to the front of the Yung-gu, the 510-meter 1 circulation street.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. License register;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. 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. Elements of sentencing unfavorable to the ground for sentencing under Article 62-2 of the Criminal Act: The driving of drinking or driving without obtaining a license again even though the driving force of drinking has been twice twice;

o. The elements of sentencing that are favorable to o are recognized as erroneous and reflective.o and other factors of sentencing under Article 51 of the Criminal Act are integrated into a set of sentence as ordered.

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