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(영문) 청주지방법원 제천지원 2017.08.03 2017고단179
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On September 7, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Cheongju District Court Support on September 7, 2012. On January 29, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

[2] On June 6, 2017, at around 01:40, the Defendant driven a C-car owned by himself under the influence of alcohol level 0.127% while under the influence of alcohol level 0.127%, without obtaining a driver’s license, on the road in front of the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there is a history of punishment three times due to the violation of the Road Traffic Act (drinking driving) is confessioned and against it.

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