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(영문) 청주지방법원 영동지원 2014.09.18 2014고단153
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On November 2, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Youngju District Court’s Young-dong branch, and on April 2, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act for a violation of the Road Traffic Act at the Youngju District Court’s Young-dong branch. On September 5, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act as a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Youngju District Court’s Young-dong branch.

On June 13, 2014, at around 19:52, the Defendant driven a G-wing truck with a blood alcohol concentration of about 0.05 km from the front road of the Defendant’s house located in the Chungcheongbuk-gun F to the same male ginseng distance.

2. The Defendant has driven the above cargo without obtaining a driver’s license at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. The driver's license ledger;

1. Previous convictions: Application of criminal records, written judgments, and copies of summary orders;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The fact that there are many previous charges, including probation and community service order and lecture attendance order, for the reasons of sentencing in Article 62-2 of the Criminal Code, that the defendant drives a vehicle in the state of drinking or non-licensed condition, is disadvantageous, or that the defendant would not avoid the same mistake again after disposing of the vehicle.

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