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(영문) 청주지방법원 충주지원 2013.07.05 2013고단271

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 21, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court’s Chungcheong Branch on June 21, 2010, and was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on February 13, 2013.

On May 4, 2013, at around 00:29, the Defendant driven Category B B 140 cars while under the influence of alcohol alcohol concentration of 0.113% during the period of suspension of driving license (on May 18, 2013, - 28/100 on May 28, 2013) from the section of approximately 500 meters from the road front of the scarb in the scarb in the scarbb in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the road front of the scarb in the Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report attached to judgments);

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the instant crime was committed again despite two times of drunk driving, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: the Defendant reflects the crime; the Defendant has no criminal record exceeding the fine; and the Defendant has no criminal record beyond the fine, and other circumstances that are the conditions for sentencing as recorded in the records, such as the Defendant’s age, character and behavior, occupation, family environment