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(영문) 청주지방법원 2016.02.04 2015고단2223
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 30, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle at around 10:35, driven C cargo at a 3km section from the front of the rest area in which the blood alcohol concentration is 0.102% at the 0.10% in alcohol during blood, to the front of the rest area located in the Haak-gun of the Haak-gun of the Chungcheongnambuk-gun, the Defendant driven C cargo at a 3km section from the front of the rest area in which it is located,

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, the statement report on the circumstances of the driving driver, and the application of Acts and subordinate statutes;

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

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

1. The Defendant had been punished several times due to the same kind of crime, and in particular, the Defendant was issued a summary order of a fine of KRW 3 million on January 17, 2014 due to a violation of the Road Traffic Act (driving) committed around 2012. On April 2, 2014, immediately before the instant case, the Defendant again committed a crime of driving alcohol and was prosecuted on April 17, 2014.

As such, it is inevitable to punish the defendant who repeats the crime of drinking or non-licensed driving with severe punishment: Provided, That the punishment is determined as ordered in consideration of the circumstances such as that the defendant's convictions, traffic accidents do not lead to the defendant's family relation, etc., and other conditions of sentencing specified in the arguments of this case, such as the defendant's family relation.

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