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(영문) 청주지방법원 2019.10.11 2019고단1528

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On January 29, 2008, the Defendant issued a summary order of KRW 2 million at the Cheongju District Court for a violation of the Road Traffic Act; the summary order of KRW 5 million at the same court on October 8, 2008; the summary order of KRW 8 million at the same court on November 14, 2013; and on April 26, 2018, the Defendant was sentenced to a summary order of KRW 8 million for the same crime; and on September 22, 2018, the said judgment became final and conclusive as of September 22, 2018.

【Criminal Facts of Crimes】 On May 7, 2019, at around 14:55, the Defendant driven a DNA-car without mandatory insurance without driving a vehicle’s license, while under the influence of alcohol concentration of about 0.312%, at a distance of about 2 km from B before the petition-gu to C at a considerable amount of Cheongju-si.

As a result, the Defendant violated the provision on prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle without mandatory insurance under the influence of alcohol without a license, in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking-employed driver, investigation report, notification on the control of drinking-driving, mandatory insurance, and ledger of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of records), and application of each statute of the judgment;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Punishment;