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(영문) 청주지방법원 제천지원 2014.12.18 2014고단482

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On May 9, 2007, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act, and on June 7, 2007, a summary order of KRW 1,500,000 to a fine for the same crime was notified in the same court on June 12, 2014, and on June 201, the Defendant was sentenced to a suspension of execution for six months in imprisonment with prison labor for the same crime in the same court on June 12, 2014, and the judgment was finalized on June 20, 2014.

On November 5, 2014, at around 07:50, the Defendant driven a CNEW EF store or other car under the influence of alcohol without obtaining a driver’s license from a section of approximately 3 km from the front of “A Smart” road located in the downstream-dong in Ycheon-si to the front of “Sacheon-si, Sacheon-si,” and without obtaining a driver’s license, while under the influence of alcohol with 0.092%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the de facto statement of the driver, report on blood alcohol appraisal, report on de facto change of the driver, and the register of driver's licenses;

1. Previous records: Criminal records, inquiry reports, the same previous records, judgments, and application of Acts and subordinate statutes of a summary order;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are not very good for the Defendant to commit any crime committed during a period of probation for which six months have not elapsed since he/she was punished for drinking and driving without a license, even though he/she had been punished twice for drinking, twice for driving without a license, and once for driving without a license.

Furthermore, in 2007, the driver's license was revoked only once after the driver's license was revoked, and there was a record of being punished three times by the driver's license without a license as above, and even though it was regulated, the blood alcohol concentration was not low.