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(영문) 청주지방법원 충주지원 2013.08.30 2013고단441
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 December 18, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on December 18, 2009, the summary order of KRW 1,50,000 as a fine for the same crime in the same court on March 23, 2012, and on July 9, 2012, the same court issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act.

On June 4, 2013, at around 22:50, the Defendant driven a b1 ton of b1 ton of alcohol without obtaining a driver’s license from a spam place in the city of Tae-si to the front road, from about 15 km-si, which is in front of Tae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the status of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he had a previous record of drunk driving, the risk of drunk driving and unlicensed driving, and the purpose of revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant reflects the crime, and considering various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation, home environment, etc.

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