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(영문) 청주지방법원 2014.07.15 2014고단568
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 October 22, 2007, the Defendant was notified of a summary order of a fine of KRW 3.5 million at the Cheongju District Court on the charge of violation of the Road Traffic Act, and on October 29, 2009, the Defendant was sentenced to a suspended sentence of KRW 3.5 million, and on October 29, the Defendant was sentenced to a suspended sentence of imprisonment for a violation of the Road Traffic Act in the same court on the other hand, and the Defendant was sentenced to a suspended sentence of two years.

Although the Defendant had been able to commit a violation of the Road Traffic Act more than twice as seen above, the Defendant driven a C Trate car that was not covered by mandatory insurance on the two-lane road in front of the transmission distance in the 2-lane 132-on Cheongju-si, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, under the influence of alcohol concentration of 0.132% of the blood alcohol concentration around March 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

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

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes governing judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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