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(영문) 청주지방법원 충주지원 2018.07.13 2018고단315
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On August 3, 2009, the Defendant was sentenced to a fine of KRW 700,000 to a violation of road traffic law (driving) at the Jung-gu District Court on December 30, 201, to a summary order of KRW 1.5 million to a fine for the same crime at the same court on December 30, 2010, and on September 20, 2017, to a person who was sentenced to a suspension of the execution for six months for the same crime at the Cheongju District Court’s Chungcheong Branch on September 28, 2017.

[2] Notwithstanding the fact-finding record that Defendant 1 violated Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a C rocketing car under the influence of alcohol concentration of 0.152% in blood without obtaining a driver’s license in the section of about 1km from Apr. 26, 2018 to the front road of the same time from the front road of the west-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the same time, if it is strict, then Defendant 2 driven a C rocketing car under the influence of alcohol concentration of 0.152% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Photographs at the time of crackdown;

1. Images, etc. taken after final drinking;

1. A report on investigation;

1. The driver's license ledger;

1. Criminal records: References to inquiries, investigation reports (Attachment to the same type of previous convictions), - Application of Acts and subordinate statutes, such as the same electric records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 ( considered in the period of re-offending) of the Criminal Act provides that the sentence of suspension of the execution of imprisonment due to driving for reasons of the punishment shall be imposed on the same crime. In other words, the remaining half years after being sentenced to the suspension of the execution of imprisonment due to driving for reasons of the sentence, and the name of the same crime is the same. The blood content of driving under suspended sentence is higher than 0.156% (0.156%) and the main sentence is higher than 0.152% (0.15%). At night, the central line is at the one-way road, and there is a very dangerous accident, such as the need for diving.

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