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(영문) 청주지방법원 제천지원 2017.05.11 2017고단28
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On December 209, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) driving a vehicle at approximately seven km section from the front of the entrance entrance of the Sacheon-dong Sacheon-si Sacheon Sacheon Station, to the front road of about 1104, at the same time, without obtaining a driver’s license. On the other hand, the Defendant driven a C-wing string truck while under the influence of alcohol concentration of 0.168% while under the influence of alcohol during blood.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the time and place specified in paragraph 1, operated C-wing and freight cars, which were not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Inquiries about mandatory insurance and the application of Acts and subordinate statutes to the results of regulating drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a crime of violating Road Traffic Act, the punishment of which is heavier];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

Two times as a crime of violation of road traffic law (drinking driving), and two times as a crime of violation of road traffic law (draw-free driving).

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