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(영문) 청주지방법원 충주지원 2014.04.25 2014고단3

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2011, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court’s Chungcheong Branch on February 14, 201, and on April 10, 201, the Defendant was sentenced to a fine of 5 million won for the same crime in the same court.

The defendant is a person driving a vehicle B with a vehicle driving.

On December 18, 2013, at around 02:15, the Defendant, without a driver’s license, driven the above vehicle at a section of about 5 km from the front of the company in the Yang-gu, Geum-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the point of 500 meters in the national highways (Gu) of the same military living in the same military, while under the influence of alcohol by 0.186%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Application of the statutes on the register of driver's licenses;

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. 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. 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 defendant committed the crime of this case in spite of the same criminal records two times, and the risk of drinking driving and actual circumstances that the defendant actually caused an accident that is subject to the central separation unit during drinking driving: The defendant is aware of and reflects the crime; the defendant has no criminal record beyond the fine; the defendant's age, character and behavior, occupation, family environment, and other circumstances constituting the conditions for sentencing as shown in the records;