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(영문) 청주지방법원 2018.03.20 2017고단1775
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 August 16, 2012, the Defendant is a person who has been sentenced to a summary order of a fine of two million won or more due to a violation of the Road Traffic Act at the Jeju District Court on August 16, 2012, and a person who has been sentenced to a summary order of a fine of five million won or more due to the same crime at the same court on July 11, 2016, by receiving a summary order of a fine of five million won or more due to the same crime.

On August 1, 2017, around 05:00, the Defendant driven a B-e-sports car with alcohol content of 0.079% while under the influence of alcohol without a driver's license, from around 1km section from the front side of the bus bus terminal to the middle distance of 0.079% from the middle distance of 3rd in the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. An explanatory note;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of 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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da10

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the aforementioned circumstances);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;

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