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(영문) 청주지방법원 충주지원 2018.08.24 2018고단320
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 24, 2006, the Defendant was issued a summary order of KRW 700,000 for a fine of KRW 1 million for a crime of violation of the Road Traffic Act in the Cheongju District Court’s Assistance, and a summary order of KRW 4 million for the same crime in the same court on April 20, 207, and a summary order of KRW 4 million for the same crime in the same court on March 17, 2017, respectively.

[2] On May 3, 2018, the Defendant driven a D-II cargo vehicle with alcohol content of about 0.285% under the influence of alcohol without obtaining a driver’s license from around the road in front of the Defendant’s residence, located in the voice group B of Chungcheongbuk-gun, to about 1km from around the road in front of the same military area to the road in front of the same military C.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A report on investigation;

1. Criminal history: A written reply to inquiry, such as criminal history, (A), investigation report (verification of criminal suspect's previous convictions of drinking alcohol), - Application of a summary order-related statute;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. In addition to these circumstances, the sentence execution shall be suspended in consideration of the degree and degree of drinking, degree of accident, criminal records, circumstances after the crime, Defendant’s age, health condition, and other sentencing conditions, and the order to attend the community service order shall be added to protective observation and community service order and order to attend the community service order for the prevention of re-offending, on the other hand, by taking account of the degree of drinking and accident, the degree of alcohol, the degree of alcohol, the circumstances after the crime, the Defendant’s age, health condition, and other sentencing conditions.

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