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(영문) 청주지방법원 2018.12.13 2018고단2165

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Seoul Northern District Court on January 19, 2010, and a fine of KRW 1 million for a crime of violating road traffic laws at the Cheongju District Court on August 8, 2016. On December 14, 2017, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws (drinking) at the Cheongju District Court on December 22, 2017 and the said judgment became final and conclusive on December 22, 2017.

【Criminal Fact-finding on August 11, 2018, the Defendant driven a D K7 vehicle under the influence of alcohol content 0.206% while under the influence of alcohol content 0.206% during blood without a driver’s license for a vehicle with approximately KRW 300 meters from the roads adjacent to the Seocho-gu Seoul Metropolitan City B market to the front roads in the same Dong.

As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol” more than twice, and driving a motor vehicle under the influence of alcohol without a driver’s license in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. License register and next inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (verification of the same kind of force), text of judgment, and summary order Acts and subordinate statutes, such as criminal history;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The sentencing conditions, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for the selective sentencing of the sentence, shall be determined as ordered by taking into account the following circumstances:

The nature of the crime is not good, such as a non-licensed driving and drinking driving again during the suspension period due to the same crime, the fact that there was a record of punishment four times due to drinking driving, and the amount of alcohol concentration in the blood of the defendant at the time of the instant case.