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(영문) 청주지방법원 제천지원 2015.01.15 2014고단431
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 08:00 on September 22, 2014, the Defendant driven a vehicle B in the column B without obtaining a driver’s license, in the 3km section from the 08:00 on the roads of the Daodong, Incheon to the roads of the Taeyang Steel Office located in the Taedong, Taecheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, report on the circumstances of drinking drivers, and application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The defendant for reasons of sentencing under Article 62-2 of the Criminal Act of the Social Service and Order to Attend Education has been punished several times for the same kind of crime. Among them, even though there was a history of punishment for suspended execution, he/she also committed the crime of this case. In particular, in light of the fact that the defendant has no record of obtaining a driver's license, the crime is very high.

However, in the case of drinking driving, there are some extenuating circumstances in terms of the regulatory process, there is no criminal power after 2005, and other various sentencing conditions are considered, and the sentence shall be determined like the order.

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