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(영문) 청주지방법원 2016.06.01 2016고단448
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 500,000 by the Cheongju District Court on May 1, 2009 to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on August 5, 2014.

[2] On March 16, 2016, the Defendant driven B car in the section of approximately 1k-meter prior to “profabrid” located in Cheongju-si, the petition rate of which is 0.176% under the influence of alcohol during blood without obtaining a driver’s license on March 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the same type of power), and summary order-making statute;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had the record of punishment several times due to drinking driving, in light of the Defendant’s blood alcohol concentration, the risk is considerable in light of the Defendant’s blood alcohol concentration, which is disadvantageous to the Defendant. The Defendant led to the confession of and reflect against the instant crime, and the Defendant has no criminal record of suspended sentence or more favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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