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(영문) 청주지방법원 2019.09.05 2019고단1284
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On June 13, 2019, the Defendant, without obtaining a driver’s license, driven a DNA 2 truck at a 1km section from 1km to the front road of C-school located in the front of the 7nd Seocho-ro, Jincheon-gun, Jincheon-gun, the first-ro, 0.27% alcohol level, while under the influence of alcohol at around 19:25.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Statement on the circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. In full view of the favorable circumstances, such as the fact that the crime of sentencing under Article 62-2 of the Criminal Act is recognized and erroneous, traffic accidents, etc., traffic accidents, etc. do not occur, and the fact that the defendant does not repeat his/her drunk driving in a short term, and the defendant's history of criminal punishment for the crime of driving without a driver's license even though he/she was several times, the defendant's age, character and behavior, family relationship, blood alcohol concentration, defendant's health status is not good, and all other circumstances that are the sentencing conditions specified in the records and arguments of this case, including the circumstances before and after the crime, etc.

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