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(영문) 청주지방법원 충주지원 2016.05.13 2014고단581
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant’s summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Cheongju District Court’s support on February 27, 2015 is against the crime on September 12, 2014;

In March 13, 2015, a summary order of KRW 4,000,00 for the same crime was issued on September 25, 2014.

was issued respectively.

[2] On December 1, 2014, the Defendant driven a B-eth car without obtaining a driver’s license in the section of approximately 150 meters from the section of the 150 meters away from 150 meters to the roads in front of the cambed cafeteria Gan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, which was under the influence of alcohol level of 0.217% among the blood transfusions around 20:35.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating driving of drinking, statement of the circumstances of driving of drinking, and inquiry into the results of regulating driving of drinking;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction before and after the disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to the summary order of

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: Although the defendant had been under control by driving two weeks only, he/she again commits the instant crime for three months only thereafter despite the fact that he/she had been under control by driving two times a week, he/she is deemed to have committed the instant crime; the fact that blood alcohol concentration is high at the time of the instant crime; the defendant intentionally attempted to escape from criminal punishment because he/she had concealed his/her present whereabouts;

(k) A favorable normal situation: A relatively short driving distance;

In this regard, the above circumstances and the defendant's age, sex, environment, circumstances, means and results of the crime, and after the crime.

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