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(영문) 청주지방법원 2013.05.29 2013고단542

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 2, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act at the Jeju District Court on April 2, 2010, and a fine of five million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) in the Support of the Daejeon District Court on March 19, 2012.

Criminal facts

On March 13, 2013, at around 00:15, the Defendant driven a vehicle of 0.136% of blood alcohol concentration at approximately 50 meters from the restaurant of the market-unclaimed machine located in the Chang-gu, Chang-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the creative distance of the Chang-ri, Chang-gu, Chungcheongnam-gun, Chungcheongnam-do, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The register of motor vehicle driving licenses, records of actual traffic accidents, field photographs, master-employed drivers' reports, reports on actual conditions of drivers, and reports on actual statements of drivers;

1. Previous convictions indicated in judgment: Criminal history records, etc., inquiry reports, investigation reports (Attachment of a summary order of the same kind of power), and application of two copies of summary order Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant confessions and reflects the fact that the defendant has been punished twice as a fine for the same kind of crime, but there is no record of being punished more than a suspended sentence, and the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc. shall be determined as ordered in consideration of all the factors of sentencing.