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(영문) 청주지방법원 2014.11.14 2014고단1102
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 12, 2011, the Defendant was sentenced to a summary order of KRW 3 million at the Cheongju District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act. On December 1, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime and for six months and two years of suspended execution. On May 1, 2014, the Defendant was sentenced to a summary order of KRW 2 million by the same court as a crime of violation of the Road Traffic Act.

On March 27, 2012, at around 20:45, the Defendant, without a driver’s license, driven a DNA cargo in the section of approximately 8 KK from the front side of the Heak-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, to the front side of the 37 galle-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, the alcohol level of which is 0.18%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The driver's license ledger;

1. Previous records: Application of criminal records and investigation reports (Attachment to the same criminal records as the suspect's judgments, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation show that the Defendant reflects the wrongness.

However, the defendant has already been punished for the same kind of crime several times, and in particular, on December 1, 201, the Cheongju District Court has been punished for six months of imprisonment and for two years of suspended execution, and committed the crime in this case during the suspended execution period.

After that, the defendant had been punished for a fine of KRW 20 million due to driving without a license in the process of the escape of the defendant.

Considering that the defendant's daily work requires a cargo vehicle;

Even if a sentence is imposed on the defendant, the sentence is imposed.

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