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(영문) 청주지방법원 2019.01.08 2018고단1575

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Power】 On November 8, 2012, the Defendant issued a summary order of KRW 4 million at the Cheongju District Court for a violation of the Road Traffic Act; on July 1, 2013, a fine of KRW 4.5 million at the same court for the same crime, etc.; on October 26, 2017, a summary order of KRW 4.5 million was issued; and on October 26, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor at the Cheongju District Court for a special assault, etc., and the said judgment became final and conclusive on May 5, 2018 and is currently suspended.

【Criminal Facts】

1. Around July 23:45, 2018, the Defendant was driving a F2-man vehicle under the influence of alcohol leveling 0.101% of alcohol level from the front day of the C restaurant located in the Cheongju-si B to the front day of E located in the same Gu.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance at the F F F-Wman’s holder of the car, the date and time and place specified in paragraph 1, and operated the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report on occurrence of the case, report on the situation of a drinking driver, investigation report (report on the situation of a drinking driver), notification of the control of drinking driving, and mandatory insurance association;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, each summary order, and application of Acts and subordinate statutes to investigation reports (period of suspension of execution of sentence);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point that has no record of the suspension of the execution of the same kind of punishment or heavier punishment);