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(영문) 청주지방법원 영동지원 2019.05.09 2018고단197
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

[criminal power] On September 2, 2003, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Youngju District Court’s Yeongdeungpo-dong branch on September 2, 2003, a summary order of KRW 1.5 million for the same crime in the same court on October 15, 2008, a summary order of KRW 5 million for the same crime in the same court on June 10, 2013, and a summary order of KRW 5 million for the same crime in the same court on February 1, 2017, respectively.

【Criminal Facts】

On February 28, 2018, at around 21:12, the Defendant driven a 1 ton cargo vehicle while under the influence of alcohol 0.074% without a driver’s license, from a section of about 700 meters from the front of the C cafeteria located in Chungcheongnam-gun, Chungcheong-gun B to the D front Road.

As a result, the Defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license in violation of the said provision.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Notification of the control results of drinking driving, and statement of the state of drinking drivers;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is a crime that may cause a serious danger not only to the driver himself/herself but also to the other driver's life and body.

Even though the defendant was punished for drunk driving for the past four times, the defendant committed the crime of this case again.

The defendant is the defendant.

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