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(영문) 청주지방법원 2014.01.08 2013고단1490
도로교통법위반(음주운전)등
Text

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

On September 5, 2008, the Defendant issued a summary order of fine of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court on September 5, 2008, and two million won as a fine for a violation of the Road Traffic Act at the same court on April 14, 2009.

Criminal facts

On August 1, 2013, at around 01:35, the Defendant driven B X-ray car with approximately 100 meters alcohol concentration 0.20% while under the influence of alcohol without obtaining a driver’s license, from the front road of the calendar plaza in the principle of Sejong Special Self-Governing City, to the front road of the seed stop in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the statement of the situation of the driver, the report on the entry of the driver, the registration of the driver’s license;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (attached to summary orders for the same kind of case), and application of Acts and subordinate statutes of each summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant is led to the confession and reflects of the crime, and the defendant has a record of punishment several times for the same kind of crime, etc., and the sentencing factors such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc. shall be determined as ordered by the court in consideration

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