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(영문) 청주지방법원 2017.02.08 2016고단2692
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 2 million for a crime of violating road traffic law in the support of the Daejeon District Court on July 1, 2009, and on May 12, 2015, a summary order of KRW 8 million for the same crime at the Chungcheong District Court on May 12, 2015.

[Criminal facts] On November 6, 2016, the Defendant driven B’s low XG automobiles with approximately 0.148% alcohol concentration in blood without a driver’s license, while under the influence of alcohol at approximately 2km in front of the light oil station in the same city-ro 146 from the front of the trade name fluent fluence in Asan City, Asan City-si, to the front road of the same city-based 146 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a written report on control, etc.);

1. The driver's license ledger;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Crafic photograph;

1. Previous convictions in judgment: The provision of a written reply to inquiry, such as criminal history (A), and the application of Part IV of summary order;

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 on the order to provide community service and attend lectures is that the Defendant committed the instant crime due to driving without drinking, even though he had been subject to punishment on several occasions due to drinking, etc. in light of the Defendant’s blood alcohol concentration, the risk is considerable in light of the Defendant’s blood, and the Defendant’s confession and reflects the instant crime, and that there is no prior conviction or heavier than the suspended sentence is favorable to the Defendant.

In this case, including the above circumstances.

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