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(영문) 청주지방법원 영동지원 2018.02.08 2017고단168
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 November 8, 2010, the Defendant issued a summary order of KRW 2,50,000 to a fine for a violation of road traffic law at the Daejeon District Court on November 8, 201, and on September 25, 2017, a summary order of KRW 4,00,000 to a fine for the same crime from the Youngju District Court’s Young-dong branch.

On November 15, 2017, at around 06:55, the Defendant driven a B B B B B luri-ri-ri-ri vehicle without a driver’s license from a section of about 250 meters in alcohol concentration to the front of the 91 GS convenience store, from the front of the GS-ri-ri-ri restaurant in the Geumcheon-gun, Chungcheongnam-do, Chungcheongnam-do. to the front of the 91 GS convenience store in the same military.

Accordingly, the Defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Records of crime: Application of the Acts and subordinate statutes attached to a reply to inquiries, such as criminal history, and documents attached to investigation reports (Evidence Serial No. 10);

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)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] of the order to observe the protection and attend lectures] The crime of this case is that the defendant again committed a person who violated the prohibition of drinking at least twice, and driving under drinking and driving without a license, and the nature of the crime is hot.

The Defendant committed the instant crime before two months have passed since he was notified of a summary order due to the drinking driving.

The defendant is guilty of committing a crime and has been sentenced to a suspended sentence of imprisonment.

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