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(영문) 청주지방법원 2018.12.06 2018고단1839

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 3, 2010, the Defendant was sentenced to a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Jeju District Court on September 3, 201, and a person who received a summary order of KRW 7 million as a fine in the same court on July 6, 2012 from the same court on the same crime, etc. on at least two occasions due to a violation of the Road Traffic Act (driving).

On June 11, 2018, around 08:12, the Defendant driven a DSS5 car under the influence of alcohol leveling 0.189% without a driver’s license from the section of about 15km from the Heung-gu Seoul apartment building C to the front of the new engineer distance, if the Defendant is north of the Gu Office of Cheongju-si to the Goju-si, the Defendant driven a DM5 car without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

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 the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. In addition to favorable circumstances and previous judgments, such as the recognition of the crime of reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume, the fact that the driving of a motor vehicle is not repeated in a short term, and the occurrence of a serious result of traffic accidents, etc., the records of the crime of this case are several times, such as imprisonment for the same crime, and the fact that the crime of this case was committed during the suspension of the execution of imprisonment and the observation of the protection and observation thereof after being sentenced to an order to suspend the execution of imprisonment, although the crime of this paper is committed, the crime of this case was committed during the suspension of the execution of imprisonment, high alcohol concentration in blood, and the fact that the driver's license for the motor vehicle was not acquired after 2012, and driving the motor vehicle while possessing the motor vehicle.