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(영문) 청주지방법원 2016.01.28 2015고단1601
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 13, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws (drinking driving), on September 15, 2009, a summary order of KRW 2 million for a crime of violating road traffic laws in the same court on September 15, 2009, and on September 1, 2010, the Defendant was sentenced to a suspended sentence of KRW 5 million for a period of four months for the same crime in the same court on September 1, 2010. On September 5, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

1. On August 27, 2015, the Defendant was driving C in the state of alcohol alcohol concentration of about 0.168% in alcohol without a vehicle driver’s license from the front of a convenience store where the trade name located in the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do, Jincheon-do, where it is difficult to identify the trade name on August 17, 2015 to the front day of the same 500-meter.

2. The Defendant violated the Motor Vehicle Management Act, even though he was aware of the removal of noise prevention devices without the approval of the competent authority, operated the said motor vehicle with the knowledge of the removal of noise prevention devices at the exhaustr of C in the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. photographs of the vehicle under consideration, notification of the results of regulating the driving of alcohol, circumstantial reports on the driver under consideration, and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts; Article 81 subparag. 20, and Article 34 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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