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(영문) 청주지방법원 2015.08.13 2015고단304

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On November 21, 201, the Defendant received a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court Seosan Branch on November 21, 201, and on December 19, 2013, this court received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 15, 2015, at around 02:50, the Defendant, without obtaining a driver’s license, driven C Poter truck over about 1 km from the front of the maternal mar distance in the West-gu, Seowon-si, Seowon-si, Cheongju-si, to the front road of the Sungsung 2 apartment complex, which is in the Cheongwon-gu, Seowon-si, Seowon-si, Cheongju-si, under the influence of alcohol concentration of 0.19%.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the control of drinking driving, statement in the circumstances of drinking drivers, and control note; and

1. Registers of driver's licenses;

1. Control photographs;

1. Previouss before judgments: Criminal records, inquiry reports, written judgments, and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, as stated in the first head of the judgment of the first instance, is subject to probation and community service order Article 62-2 of the Criminal Act, having committed two or more criminal offenses due to a violation of the Road Traffic Act, and has been sentenced to a fine due to a violation of the Road Traffic Act (unlicensed driving) around 2014.

Nevertheless, as the Defendant was under the influence of alcohol and repeated the crime of this case under the license without permission, the Defendant is subject to strict punishment.

However, it is against the defendant's wrong.