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(영문) 청주지방법원 제천지원 2014.10.02 2014고단312

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 July 22, 2010, the Defendant was notified of a fine of KRW 3 million and a fine of KRW 3 million on June 30, 2014 as the same crime from the Youngju District Court’s Youngju District Court’s Young-gu Branch of the Road Traffic Act (hereinafter referred to as Cheongju District Court’s Support Act).

From May 30, 2014 to September 16, 2014, the Defendant was under the suspension of driving license. However, on July 20, 2014, the Defendant driving a BF vehicle not covered by mandatory insurance on the 5km section of approximately 0.15% of blood alcohol content in the front side of the funeral hall of the Incheon Seoul Hospital, which was located in 57 (west-do) from 02:35 on July 20, 2014 to the front side of the entrance of the new BF vehicle in 0.15% under the influence of alcohol content from the 5km section to 0.15% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a driver, report on detection of a driver, and the register of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning the same military record;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture, despite the fact that the Defendant had been punished twice due to drinking driving, the Defendant committed the instant crime. In particular, on June 30, 2014, the Defendant did not commit the instant crime since it was not only after being notified of a summary order due to drinking driving on the same day, and it is not very high that the blood alcohol concentration is used to commit the instant crime.

(b).