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(영문) 청주지방법원 2015.04.10 2014고단1498
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2014, the Defendant received a summary order of KRW 3 million from the Cheongju District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 4.5 million from the Cheongju District Court on February 19, 2014 to a fine of KRW 4.5 million due to a crime of violation of the Road Traffic Act.

피고인은 2014. 8. 17. 11:50경 청주시 흥덕구 백봉로(봉명동)에 있는 백봉아파트 앞 도로부터 같은 동에 있는 DC땡마트 앞 도로에 이르기까지 약 150m 구간에서 혈중알콜농도 0.074%의 술에 취한 상태로 자동차 운전면허를 받지 아니하고 의무보험에 가입되지 아니한 B 케이7 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Registers of driver's licenses;

1. Notification of the control of drinking driving;

1. Making inquiries into the results of the control of drinking driving, the results of the control of drinking driving ( January 11, 2014), and the inquiry into the results of the control of drinking driving ( December 06, 2013);

1. Mandatory insurance policies;

1. Control photographs;

1. Previouss before judgment: Criminal history records, reply reports, and summary order (Evidence Nos. 15) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the same Act concerning criminal facts, and Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment: Provided, That the maximum of the crimes of two crimes) shall be applicable;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The community service order and the like;

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