(영문) 청주지방법원 충주지원 2016.01.29 2015고단566



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


Punishment of the crime

On December 13, 2010, the Defendant was sentenced to a summary order of a fine of 4 million won due to a violation of road traffic law in the support of the Chungcheong District Court of Chungcheongju on December 13, 2010, and on October 30, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the same offense in the same court, and the judgment became final and conclusive on November 7, 2015.

On November 11, 2015, at around 03:20, the Defendant driven a car at C, while under the influence of alcohol alcohol leveling 0.221%, without obtaining a driver’s license, on a section of approximately 300 meters from the front day of the mutual influent drinking house in the Geumnam-gu, Geumbuk-gu, Chungcheongnam-gu, Chungcheongnam-do. to the roads of the common-purpose distance in the same Ri.

As a result, the defendant was punished as a crime of violating the Road Traffic Act more than twice, and driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photograph, a statement on the circumstances of a driver taking driving, a report on the results of regulating drinking, and the ledger of driver's licenses

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigation (report attached to the judgment, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records that the Defendant had already been punished by drinking alcohol, etc. on several occasions, and, in particular, the Defendant has not been punished by a suspended sentence, and there is a high risk of re-offending, such as committing the instant crime as it has not been long as the Defendant was subject to a suspended sentence, and it is inevitable to sentence a sentence while serving the degree of the principal offender.

However, the order is issued in consideration of all the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant reflects the crime.