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(영문) 청주지방법원 2013.11.08 2013고단993
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 4, 2007, the Defendant was issued a summary order of KRW 2 million by a fine due to a violation of the Road Traffic Act (driving) at the Cheongju District Court, and on April 19, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and a violation of the Road Traffic Act (driving Vehicle) at the Daegu District Court on April 19, 2012.

On June 18, 2013, the Defendant, without obtaining a driver's license at around 03:45 on June 18, 2013, driven the C body-man car over about 500 meters in the vicinity of the agricultural and fishery product market located in the Cheongju-si, Cheongju-si under the influence of alcohol by 0.247% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, photographs, report on detection of a de facto driver, circumstantial statement, control manual, and the register of driver's licenses; and

1. Previous convictions in judgment: Inquiry letters, investigation reports (No. 14), copies of judgment, and the application of Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “contributable circumstances” among the reasons for sentencing) has a history of being subject to multiple criminal punishment for the same kind of crime, such as drunk driving, etc., while being under the influence of 0.247% during the suspension period, the Defendant has been driving without a license during the suspension period. The nature of the crime and the criminal intent

However, the defendant reflects his mistake and the driving distance of this case shall be considered in consideration of the favorable circumstances.

Other factors such as the motive, means and result of the crime of this case, circumstances after the crime, age, character and conduct of the defendant, family relation, etc. shall be determined as per the order.

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