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(영문) 청주지방법원 2016.06.03 2016고단685
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 13, 2009, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court on August 13, 2009, and on October 17, 2012, the Defendant was issued a summary order of five million won for the same crime in the same court, including the issuance of a fine of five million won for the same crime.

On July 3, 2015, the Defendant was sentenced to two years of suspended sentence for imprisonment for the same offense in the same court, and the judgment became final and conclusive on July 11, 2015, and is currently under suspended sentence.

[2] On January 8, 2016, around 20:00, the Defendant driven D Poter in a state of under the influence of alcohol content of about 0.116% while under the influence of alcohol without a driver’s license, from approximately 200 meters to the Atour road located on the long-term path of Jincheon-do, Jincheon-do, Jincheon-do. In addition, the Defendant driven D Poter in a state of under the influence of alcohol content of about 0.116%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A report on the situation of driving a drinking, a notification of the results of regulating the driving of drinking alcohol, an inquiry about the results of crackdown on the driving of drinking, an inquiry about the driver's license, and

1. Previous convictions: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status, investigation report (verification of the fact that the period of suspension of execution is in progress, and attachment of the same judgment), sentence, and summary order-related statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for each of the instant crimes are without providing the standard for sentencing. As such, the following circumstances and the following conditions of sentencing are comprehensively considered, such as the Defendant’s age, occupation, sex, family relationship, circumstances before and after the crime, and blood alcohol concentration.

The favorable circumstances - mistake is divided.

-the distance from drinking driving is not along.

(b)bed;

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