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(영문) 청주지방법원 충주지원 2017.05.19 2017고단234

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

[criminal history] On June 7, 2010, the Defendant was sentenced to a summary order of KRW 150,000 to a fine of KRW 2,50,000 due to a violation of the Road Traffic Act (driving), a crime of violation of the Road Traffic Act (driving) in the Cheongju District Court’s support on April 25, 201, and a fine of KRW 2.5 million in the same court on September 6, 201, and a fine of KRW 3 million was issued by the same court on September 6, 201. On June 14, 2013, the Defendant was sentenced to a suspended sentence for 8 months due to a violation of the Road Traffic Act (driving).

[2] On March 12, 2017, at around 00:57, the Defendant driven a Cknife vehicle under the influence of alcohol leveling 0.107% while under the influence of alcohol leveling 0.107%, without obtaining a driver’s license in a section of approximately 150 meters from the vicinity of the building in the Cnife-si, Chungcheongnam-si to the Saemaeul depository located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of the accident;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger and the next registered inquiry;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (Attachment to a summary order of the same kind as the suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act, which is severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime even though he/she had a six-time drinking driving and a three-time licenseless driving, and again committed the instant crime on June 14, 2013. In particular, even if he/she was sentenced to imprisonment with prison labor for eight months on the grounds of drinking and non-licenseless driving on the said three-time license, and a two-year suspended sentence on the grounds that he/she again committed the instant crime, and thus, he/she has to be subject to strict punishment

However, the defendant confessions all of the crimes of this case and reflects them.