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(영문) 청주지방법원 충주지원 2015.04.10 2014고단125
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On December 2, 2011, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on Seoul Central District Court on December 8, 2011, and was sentenced to a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act (driving), etc. at the Seoul Central District Court on December 8, 201, and on April 5, 2012, the Defendant was sentenced to a suspended sentence of KRW 1 year by imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on April 13, 2012, and was sentenced to a fine of KRW 7 million by the Seoul Southern District Court on April 13, 2012.

On December 30, 2013, the Defendant, who was punished twice or more due to drunk driving, was driving B car at a section of about 170 km from the road before the Hosipon in the central road of Busan City, under the influence of alcohol by 0.096% without a car driver’s license, to the point of 246 km on the middle side of the middle side landing highway in the Gyeongju-si, Chungcheongnam-si, the Defendant driven B car at a section of about 170 km.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. A written statement prepared in C;

1. Details of internal investigation reports, actual situation investigation reports, reports on detection of drinking drivers, circumstantial statements of drinking drivers, and management and inquiry reports on drinking entry;

1. Registers of driver's licenses, and car4;

1. Management and inquiry of reports on the detection of each incident and criminal records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. The sentence shall be determined in the same way as the order, taking into account all the sentencing conditions shown in the records and arguments of the instant case, including the grounds for sentencing selective sentencing of the sentence, the degree of the accused’s taking the main sentence, past

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