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(영문) 청주지방법원 충주지원 2013.11.29 2013고단608

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On September 11, 2013, at around 00:20, the Defendant driven a sports cargo vehicle in the Ccoon in the state of alcohol alcohol level of about 0.215% without obtaining a driver's license in the section of about 2 km from the front front of the cross-unception cluster in the Chungcheongnam-si trainingdong to the road of about 305, Yongsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a previous record of the same kind of crime, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purpose of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant has no criminal record exceeding the fine, the defendant reflects his/her crime, and other circumstances that are conditions for sentencing recorded in the records, such as the defendant's age, character and behavior, occupation and family environment;