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(영문) 청주지방법원 충주지원 2019.01.25 2018고단670

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On June 14, 2018, the Defendant was charged with a fine of KRW 6 million with the charge of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong District Court's branch on June 14, 2018. In addition to the issuance of a summary order of KRW 5 million for the same crime from the same support on March 17, 2017, the same criminal record is more than twice.

On October 29, 2018, at around 00:20, the Defendant driven a road of approximately 10km to 2 SM5 meters away from the Geumbuk-gun, Chungcheongnam-gun, Chungcheongnam-si to the 2nd Haju-si, Chungcheongnam-si, Chungcheongnam-si, Haju-si, without obtaining the driver’s license under the influence of alcohol concentration of 0.135%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Application of Acts and subordinate statutes to references to criminal records, etc. (A), report on the results of confirmation of the failure to take dispositions, and reporting (a copy of indictment attached);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts [Article 148-2 (2) 1 of the Road Traffic Act "Article 148-2 (2) of the Road Traffic Act" is obvious that the applicable provisions of the indictment are simple clerical errors and there is no disadvantage to the defendant's exercise of his/her right to defense, and thus

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) a summary order was issued on June 7, 2017 due to a drunk driving in 2017; and (b) a license for driving without drinking on June 7, 2018; and (c) a license for driving without drinking on the same day again is under the name of a license for driving without drinking on the same day for a short period of four months; (d) a criminal act is repeated during the short period of the crime; (e) the degree of previous blood alcohol concentration is high (0.124%); and (e) a state with high blood alcohol concentration (0.135%). These circumstances have the history of criminal punishment several times by driving without a license for driving without drinking. In addition, the sentence of imprisonment is imposed in consideration of these circumstances, and the background and background of the crime,