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(영문) 청주지방법원 충주지원 2019.08.13 2019고단360

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 February 23, 2009, the Defendant received a summary order of fine of 2.5 million won in the site of Sejong District Court, and a summary order of fine of 5 million won in the Suwon District Court on August 14, 2013.

On May 23, 2019, at around 20:36, the Defendant driven a Fnish-water vehicle under the influence of alcohol content of 0.141% without obtaining a driver’s license from around 4.7km to the front road of “E” located in the Chungcheongbuk-si, Chungcheong-si, Chungcheong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. Criminal records: Criminal records, reply reports (A), investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes in Part II of the summary order;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

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

1. Probation, community service order, the reason for sentencing under Article 62-2 of the Criminal Act, the period of recidivism, the period of recidivism, the degree of blood alcohol concentration at the time of the previous drunk driving (0.241%, 0.220%) the blood alcohol concentration at this case, the fact that the blood alcohol concentration at this case is high, the record of the crime, circumstances after the crime, and other sentencing conditions are considered.