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(영문) 청주지방법원 2018.05.10 2017고단2647
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

1. On July 2, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving without a license), a fine of one million won as a crime of violating the Road Traffic Act (driving without a license) by the same court on May 26, 2009, a fine of one million won as a crime of violating the Road Traffic Act (driving without a license) in the same court on October 29, 2012, a fine of three million won as a crime of violating the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) in the same court on November 5, 2014, and a fine of one million and five million won as a fine in the same court on November 5, 2014.

2. On November 19, 2017, the Defendant driven a bicycle of 49c stack without obtaining a driver’s license for a bicycle for a motor device at around 20:05, while under the influence of alcohol 0.115% in alcohol during blood, at the influence of alcohol, at a 49c stack without a license for a bicycle for a motor device at around 0:15% in alcohol during blood, the Defendant driven a bicycle of 200 meters in quantity from the 191st day of the 191st day in the city of Heak-gu to the road of the 497-1st day

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and reporting of the results of confirmation before and after each disposition;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the said mitigation are repeated);

1. The community service order under Article 62-2 of the Criminal Act;

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