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(영문) 청주지방법원 제천지원 2013.07.18 2013고단547
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On February 13, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on February 13, 2008; on November 12, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheong Branch on November 12, 2008; on February 9, 2010, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court; on April 25, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (Refusal of Drinking Measures). The judgment became final and conclusive on May 3, 2013.

【Criminal Facts】

On June 7, 2013, at around 20:45, the Defendant driven D Poter Cargo under the influence of alcohol of about 0.174% without obtaining a driver’s license from a section of approximately 1.5km in front of the ancient market located in the New East-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongbuk-do to the roads located in the 1.5km-si, Chungcheong-si, Chungcheong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous convictions: Reference letter (A), 2013 Highest 151 rulings, Chungcheong Assistance 201, 2010 Highest 1206 Highest Cheongju Assistance 2010 Highest 41 rulings, 2010 Highest 2010 Highest 41 rulings, 2008 Highest 2008 Highest 2355 Highest 2007 Highest 5242 Acts and subordinate statutes governing Chungcheong Assistance;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do1448, Apr. 21, 201; 201Do1135, Feb. 21,

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