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(영문) 청주지방법원 2015.01.09 2013고단1835
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Daejeon District Court on November 27, 2013, and on April 30, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act and was sentenced to a fine of KRW 11,00,000 for a violation of the Road Traffic Act.

The Defendant, while under the influence of alcohol level 0.215%, was under the influence of alcohol level, was driving a motor vehicle without obtaining a license. At around September 20, 2013, the Defendant: (a) from the packaging flag in the mouth of Sejong-si on September 13, 2013 to the Geum River, where it is difficult to find out the trade name in the mouth of Sejong-si, the lower court, and (b) from the front of the packing flax, driving a motor vehicle of 5 km-si to the Geum River,

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, written judgments, investigation reports (Attachment to the same criminal records and summary orders), and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, was punished twice or more for the same kind of crime and was punished by a fine in addition to the punishment.

Even at the time of the crime of this case, the state of being tried with drinking driving was also a very high level of alcohol level.

In light of the above, the defendant seems to have no awareness of the crime of drinking or driving without a license.

In this respect, the sentence of the defendant is inevitable.

Furthermore, considering the defendant's age, character and conduct, family relations, details and contents of the crime, and circumstances after the crime, the punishment as ordered shall be determined in light of all the conditions of sentencing as shown in pleadings.

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