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(영문) 청주지방법원 충주지원 2018.06.01 2018고단249
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 1, 2016, the Defendant was sentenced to one year and six months of imprisonment with labor due to a violation of road traffic law in the support of the Chungcheong District Court, etc., and completed the execution of the sentence on January 3, 2017 in the Cheongan Prison. On February 22, 2013, the Defendant was sentenced to the imprisonment with labor for a violation of road traffic law (driving), and was sentenced to two or more times of driving alcohol in the same court.

[Criminal facts] On March 23, 2018, the Defendant driven CK5 car under the influence of alcohol concentration of about 0.158% without obtaining a driver’s license from the section of about 1km to the road front of the 120 Switzerland, i.e., the 410-5 luxa apartment from the front of the 410-5 luxa apartment to the front of the 120 luxa Kita Center, with the face value of the 11:48 luxa, the Defendant was under the influence of alcohol concentration of 0.158% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A traffic accident report;

1. The driver's license ledger (A);

1. Four copies of inquiry about the results of crackdown on driving drinking;

1. Blue boxes and video CDs;

1. Criminal Records: (A) of a reply to inquiry, such as criminal history, investigation report (verification of the date of release of a suspect A, and attachment, etc. of a copy of a decision related to a repeated offense), one copy of personal summary information inquiry, - one copy of the decision related to a repeated offense, one copy of the decision related to a repeated offense, - one copy of the same prior judgment, and one copy of the relevant list of cases;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act of aggravated repeated crimes includes two times the sentence of imprisonment due to driving under the influence of alcohol for the reason of sentencing, and Article 35 of the Criminal Act has the record of being subject to criminal punishment on several occasions. After having been sentenced to imprisonment due to the same kind of crime and completed a convict life, the same crime was committed again in only one year and more. The crime committed repeatedly within a short period, and the degree of alcohol concentration during the war with the previous drinking alcohol (0.0.

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