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(영문) 청주지방법원 영동지원 2015.05.21 2015고단77
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 6, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, etc. from the Youngju District Court's Young-dong branch on April 6, 2009, and on September 3, 2014, the same court received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act.

On March 10, 2015, at least two occasions, the Defendant driven a B-wing truck with blood alcohol level of at least 0.105% while under the influence of alcohol level of at least 200 meters, without obtaining a driver’s license, from a 200-meter radius to the front road of the revolving intersection in the Dong-dong, Young-gu, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in extenuating circumstances, and notification of the results of the influence of drinking, driving and control;

1. A driver's license inquiry;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under two Acts and subordinate statutes;

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

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. Although the defendant who again committed the crime of this case even though he had a previous record of a fine related to drinking driving on three times the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the fact that the defendant confessions himself and repents his mistake, and that the defendant would dispose of his vehicle again while not driving alcohol and driving without a license.

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