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(영문) 청주지방법원 2014.02.21 2013고단1589
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On April 5, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court on April 5, 2007, and on February 5, 2008, the Defendant was issued a summary order of KRW 1 million as a fine by the same court as the same crime.

On October 12, 2013, the Defendant, without obtaining a driver’s license on October 20, 2013, driven Cpoter, sposcopus fafafafafafafafafafafafafafafafafafa, under the influence of alcohol level of 0.169%, from the 15-3rd Dorografafafa

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and circumstantial statements, and investigation report (No. 9)

1. Application of Acts and subordinate statutes to criminal records and investigation reports (No. 8);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The fact that the instant crime was committed in multiple times including imprisonment with prison labor for the same kind of crime for sentencing under Article 62-2 of the Criminal Act is committed, and the fact that the instant crime was committed is against mistake is considered as unfavorable circumstances, and the motive, means, and consequence of the instant crime, circumstances after the crime was committed, the Defendant’s age, character, conduct, and family relationship, etc. shall be determined as ordered by taking into account all the circumstances such as the motive, means,

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