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(영문) 청주지방법원 충주지원 2016.12.16 2016고단789
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 6, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on March 6, 2007; on March 5, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver). On April 28, 2009, the Defendant was sentenced to a summary order of KRW 6 months and suspended execution; on June 18, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Daejeon District Court of Daejeon on June 18, 2010, respectively.

【Criminal Facts】

On September 23, 2016, at around 20:27, the Defendant driven CM3 car under the influence of alcohol with approximately 0.090% alcohol level, even though there was no valid license to drive a motor vehicle in the range of approximately 100 meters from the vicinity of the cross convenience store in the voice of the Chungcheongnam-gun, Chungcheongnam-do, and below, to the 859 in the same large-scale, large-scale, large-scale, large-scale, large-scale, large-scale, large-scale, large-scale, 859.

As a result, the defendant was punished not less than twice for the violation of the Road Traffic Act (driving) and was driving a motor vehicle while drunk without a valid driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the statement in the circumstances of drinking drivers;

1. Inquiries into the driver's license ledger;

1. Previous convictions in judgment: Criminal records and other inquiries, investigation reports (report on confirmation of the same criminal records as a suspect), judgment, and application of Acts and subordinate statutes of a 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. 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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The Defendant is running several times with respect to drinking and driving without a license.

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