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(영문) 청주지방법원 충주지원 2019.10.11 2019고단534
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 20, 2013, the Defendant was sentenced to a summary order of a fine of six million won due to a violation of the Road Traffic Act (driving) in the Seogu District Court’s Branch Branch, etc. on July 6, 2015, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the same court on July 6, 2015, and on October 19, 2017, the Defendant was sentenced to imprisonment of six months due to a violation of the Road Traffic Act (driving) at the same court on May 19, 2018.

【Criminal Facts】

On June 11, 2019, at around 19:35, the Defendant: (a) driven a C-wing and freezing onto the c-wing and freezing of 0.195% alcohol level without obtaining a driver’s license from approximately 400 meters section of blood alcohol level from the front of the B-Si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the above place, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Criminal records, reply reports (A), investigation reports (Binding records of the same kind of judgment), ten copies of judgments, investigation reports (report on the status of confinement of suspects), and application of Acts and subordinate statutes to each individual;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. A repeated offender has the record of having been subject to multiple criminal punishment for driving without a license, including imprisonment with prison labor for the reason of sentencing under Article 35 of the Criminal Act, and a person who was sentenced to imprisonment with prison labor for the same kind of crime and completed a prison life for more than one year, again committing the same crime. The crime is repeated within a short period of time. The possibility of repeating the crime is high, and the nature of the crime is bad.

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