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(영문) 청주지방법원 충주지원 2017.12.01 2017고단835

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 2, 2007, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving), etc. at the Cheongju District Court on August 2, 2007, and a fine of three million won due to a violation of the Road Traffic Act (driving) at the Cheongju District Court on August 25, 2016. On November 18, 2016, the Defendant was sentenced to a summary order of three million won due to a violation of the Road Traffic Act (driving) at the Cheongju District Court. On November 26, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Road Traffic Act (driving), and the said decision became final and conclusive on November

[Criminal facts] On October 30, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 20:55 on or around October 30, 2017, driven a motor vehicle of approximately 300 meters in his/her own BSP from the front side of the Han-gu apartment in his/her own city to the front side of the shock tower in his/her own city, under the influence of alcohol content 0.059% in his/her blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger and the driver's license ledger;

1. Each investigation report (main driver's circumstantial report, changes in facts constituting a crime and investigation report following changes in the provisions of the Act);

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (the same kind of driving force of suspect drinking);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishments provided for in the crimes of violating the Road Traffic Act, which are more severe between each crime and punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing in Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, has both led to the instant crime, and is in depth and reflects the depth thereof. At the time of the instant case, the alcohol content in the blood was 0.059% higher.

However, the defendant is punished by a fine of 3 million won in 2007 and a fine of 3 million won in August 2016.