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(영문) 청주지방법원 2014.09.18 2012고합160

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On November 8, 2006, the Defendant received a summary order of KRW 1.5 million from the Daejeon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on November 24, 2008 as a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on November 24, 2008, and Cheongju District Court on November 8, 201 as a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 19, 2012, at around 20:30, the Defendant driven BM5 car under the influence of alcohol content 0.170% without a car driver’s license on a section of about 2km from the road near the Park Park Park Gyeong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the roads adjacent to the same day, 20:40 on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each written statement prepared in C;

1. Reports on the occurrence of traffic accidents, actual situation investigation reports, reports on the detection of primary drivers, notification of the completion of correction, photographs of damaged vehicles, license books, vehicle register, and mandatory insurance associations;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (report accompanied by a summary order) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) has a record of having been already punished four times or more due to drunk driving, and despite the fact that the Defendant had been punished once due to aless driving, the Defendant again committed the instant crime without obtaining a license, even though he had a record of punishment once due to aless driving.

The defendant's blood alcohol concentration is considerably higher than 0.170%, and it is very poor that the defendant is arrested while escaping without taking any measures against traffic accident.