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(영문) 청주지방법원 충주지원 2017.08.11 2017고단500
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment with labor for a crime of violating the Road Traffic Act in the support of the Chungcheong District Court on November 18, 2016, and was sentenced to a suspended sentence of 2 years. On November 26, 2016, the said judgment became final and conclusive and conclusive and is currently under suspended sentence.

[2] On June 05, 2017, at around 02:00, the Defendant driven a Crocketing car with about 500 meters alcohol leveling to 0.157% of the blood without a driver’s license, from the front point of “new wall market” located in the center of 54-8, e.g., the voice Eup, Chungcheongnam-gun, Chungcheongnam-gun, to the front road of the same Eup/Myeon-ro No. 244-8.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. 112 Reporting case handling table;

1. Investigative into the ledger of driver's licenses, chassis, and establishment of the main office;

1. Each investigation report (with regard to report on the situation of the driver in charge, arrest of a flagrant offender, and measurement of drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (one time the criminal suspect's records of drinking traffic accidents, one-time driver's records of driving without licenses, and suspension of execution);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act, which is heavier than punishment);

1. The reason for sentencing selecting a sentence of imprisonment with prison labor is that the defendant confessions all of the crimes of this case and reflects his depth, and the defendant is not to drink or drive a non-license.

In addition, the defendant sold a motor vehicle on November 18, 201, and the defendant issued a summary order of a fine of one million won in the same court on March 23, 2017 as a crime of violation of the Road Traffic Act (non-licensed driving) by imprisonment for 8 months due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act.

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