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(영문) 청주지방법원 2013.11.13 2013고단935

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2007, the Defendant was sentenced to a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Cheongju District Court on April 26, 2007. On November 26, 2010, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act at the Cheongju District Court on November 26, 201.

On June 4, 2013, 2013, the Defendant driven a DNA car with a blood alcohol concentration of about 0.056% from the 1km section from the front of the restaurant located in Cheongju-si, a considerable area of Cheongju-si to the front road of the Cheongju-si, which is located in the Cheongju-si, a substantial cultural Dong.

around 21:47 on August 21, 2013, the Defendant driven a D Kaf car under the influence of alcohol with approximately 0.115% of alcohol level 0.15% without obtaining a driver's license from the front of the restaurant in which it is impossible to know the trade name in the Heak-gu, Soak-gu, Cheongju-si to the front of the road in which it is difficult to find out the trade name in the Heak-gu, Soak-gu, Cheongju-si.

Summary of Evidence

"2013 Highest 935"

1. Defendant's legal statement;

1. "Report on the occurrence of the case, report on the placement of the driver, report on the placement of the driver, and report on the status of the driver, 2013 Gooman 1414";

1. Defendant's legal statement;

1. Control note, report on the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, and the register of driver's licenses "before the market";

1. Criminal records and the application of applicable statutes of each judgment;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are favorable circumstances, such as the fact that the defendant confessions himself/herself to commit a crime and reflects himself/herself, and the defendant is sentenced to a suspended sentence for four months on November 26, 2010.