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(영문) 청주지방법원 영동지원 2016.08.11 2016고단27
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 March 11, 2016, at around 21:35, the Defendant driven B New Poter Cargo with approximately 200 meters alcohol level 0.152% in a section of approximately 200 meters from the road before the National Statistical Office located in the Geumcheon-gun, Macheon-gu, Macheon-gu, Mancheon-do to the road before the same Eup/Myeon.

[Attachment 55] On May 17, 2016, the Defendant driven the above cargo while under the influence of alcohol leveling 0.066% without obtaining a driver’s license from a section of about 1 km to the front road of the office of the Eup in the same Eup/Myeon from the front of the office of the Macheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in around 09:40 to the front road of the same Eup/Myeon.

Summary of Evidence

【2016 order 27】

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in the main place 2016 order 55

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of self-driving on March 11, 2016), Articles 148-2 subparag. 3 and 44(1) (the point of self-driving on May 17, 2016) of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning criminal facts;

2. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Traffic Act of a person on May 17, 2016) and a crime of violating the Traffic Act of a road, and a crime of violating the Traffic Act of a road, and a punishment provided for a crime of violating the same Act of a more severe punishment);

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

6. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act have already been punished several times for the same crime including the crime of violating the Road Traffic Act (drinking). In addition, the instant crime has been repeatedly committed.

In addition, the defendant was arrested in the act of self-driving on March 11, 2016, and he was released from the investigative agency.

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