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(영문) 청주지방법원 2016.06.07 2016고단691

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On April 2, 2008, the Defendant was sentenced to a summary order of KRW 7 million at the Cheongju District Court for a crime of violation of the Road Traffic Act, which was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act, and six months for a crime of violation of the Road Traffic Act at the Cheongju District Court on September 23, 2009. On March 7, 2014, the Defendant was sentenced to a summary order of KRW 7 million for a crime of violation of the Road Traffic Act.

1. On March 30, 2016, the Defendant: (a) operated a vehicle with a galloning alcohol concentration of 0.346% while under the influence of alcohol without obtaining a driver’s license from around 700 meters in the section of approximately 700 meters from the 4515-ro south-ro, south-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front side of the same Eup, to the fourth 26-lane of the same Eup. (b) On March 30, 2016, the Defendant driven a vehicle with a galgallon of alcohol content of 0.346% while under the influence of alcohol.

2. On March 21, 2016, the Defendant, at around 07:35, driven a driver’s license in a section of about 15km to C gallon without obtaining a driver’s license, from the front side of the macro apartment in front of the 4515-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Southern-do, an Eup/Myeon branch of the Gyeongcheon-do, to the front side of the gallon in the gallon-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of response to requests for appraisal and driver's license;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history (A), investigation report (formers and binding decisions, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities: The defendant's values are high, the defendant's drinking values are high, a traffic accident that conflicts with the opposite vehicle because the central line is invaded by drinking, and the driver's license is driving in addition to the previous criminal records stated in the judgment.