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(영문) 청주지방법원 충주지원 2013.06.14 2013고단196

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 7, 2010, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Assistance on April 25, 201, a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Assistance on April 25, 201, and a fine of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Assistance on September 6, 2011.

On April 11, 2013, at around 01:15, the Defendant, one of the 01:15 Chungcheongnam-si training Dongs, driven the B car volume in the state of alcohol with blood alcohol content of about 0.058% without car driving license from around 200 meters from the front road to the front road of the said Heate apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (reports on criminal records and attachment of judgments);

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. 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 following circumstances are taken into account: The person committed the instant crime even though he/she had a four-time drinking driving and a one-time driving without a license, the risk of drunk driving and non-licensed driving, and the purport of the revision of the Road Traffic Act to strengthen punishment for drunk driving: The defendant reflects his/her crime and other circumstances constituting the conditions for sentencing recorded in the records, such as the defendant's age, character and behavior, occupation, family environment, etc.;