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(영문) 청주지방법원 충주지원 2016.04.29 2015고단583

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] On September 20, 2007, the Defendant was sentenced to a fine of KRW 2,50,000 to a fine of KRW 3,500,000 for a violation of road traffic law at the Suwon Friju District Court on November 26, 2008, and a fine of KRW 3,50,000 for the same crime at the same court on November 26, 2008, and on November 11, 2015, the Defendant was sentenced to a fine of KRW 6,00,000 for a violation of road traffic law in the support of the Chungcheong District Court.

[Criminal facts] On November 23, 2015, the Defendant driven a light village apartment in Chungcheongnam-si around 23:33, with no driver’s license from around two kilometers from the front of the light village apartment in Chungcheongnam-si to the front of the sublime school located in the same stop-dong at the same time, and without driving a vehicle with a alcohol level of about 0.141% during blood while under the influence of alcohol level of 0.141%.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Documents related to drinking, inquiry into the results of crackdown on driving alcohol, and reporting on the situation of driving alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before disposition, and reporting on investigation (Attachment to a copy of the same criminal record and summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. The court below's decision is reversed and sentenced to a fine (Supreme Court Decision 2010No. 227 Decided July 2, 2010) on November 11, 2015, considering the following: (a) the defendant had been sentenced one time to suspend the execution of imprisonment and five times of a fine for the same crime; (b) the defendant had been sentenced in the first instance court by driving without a license again during the period of suspension of the execution of the UN Convention; and (c) the defendant had been under the influence of alcohol concentration of 0.140% on May 10, 2015.