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(영문) 청주지방법원 2015.06.11 2014고단953
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 30, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Goyang Branch of the Jung-gu District Court on August 30, 2013, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court on May 2, 2014.

【Criminal Facts】

On May 11, 2014, the Defendant, without obtaining a driver’s license at around 21:50 on May 21, 201, driven a BP motor vehicle over about 50 meters from the front Do in front of the “Seoul High-gun, Jinsan-gun, Jinsan-gun,” which is located at the early gold of 0.182% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, records of entry into driving, records of entry into driving, and reports on the status of the driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: He shall apply Acts and subordinate statutes to a report on crimes and investigation records of foreigners, inquiry into data about facts which are not subject to each disposition and confirmation;

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. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is to prevent the Defendant from committing the crime of drunk driving on August 10, 2013, while the Defendant had committed the second crime of drunk driving on March 28, 2014, the Defendant committed the instant crime using the same vehicle as the previous one, even though he/she committed the second crime of drunk driving on March 28, 2014.

As such, the Defendant committed the same kind of crime three times and repeats only for nine months, and in particular, after the second crime, the Defendant committed the instant crime, and even after the second crime, the Defendant committed the instant crime.

Although the defendant reflects the mistake, it is different from the two-time fine due to the violation of the Road Traffic Act.

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