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(영문) 청주지방법원 2016.05.10 2015고단1038 (1)
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 23, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license), etc. on December 31, 2010, and was sentenced to a summary order of KRW 3 million by the same court due to a violation of the Road Traffic Act (driving without a license), etc. on December 31, 201, and on June 3, 201, the same court was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving without a license) and eight months for a violation of the Road Traffic Act (driving without a license) in the same court on December 23, 201, respectively.

After that, on May 16, 2013, the same court was sentenced to eight months of imprisonment due to a violation of road traffic laws (drinking driving), and completed the execution of the sentence in the Cheongju prison on November 27, 2013.

On January 10, 2015, while under the influence of alcohol content 0.084% during blood transfusion, the Defendant driven a Clearning car without a driver’s license in the section of approximately 100 meters from the front of the office of the head of the Dong-dong, Cheongju-si to the front road of the Haju-gu, Cheongju-si, Nowon-gu, the Cheongju-si from the front of the office of the head of the Dong-dong, Cheongju-si to the front road of the Hask-gu, Cheongju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place, a statement on the circumstances of the driver at the main place, and a driver's license inquiry;

1. Inquiry of criminal history, reporting of the results of the previous conviction of the disposition (2010-1237), reporting of the results of the previous conviction of the disposition (2010-24910), reporting of the results of the previous conviction of the disposition (2010-24910), reporting of the results of the confirmation of the previous conviction of the disposition (2010-31384), reporting of the results of the previous conviction of the disposition (2010-28425), reporting of the results of the previous conviction of the disposition

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is serious crimes that cause harm to the life and body of others, and the revised Road Traffic Act strengthens criminal punishment, and the defendant commits a crime.

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