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(영문) 청주지방법원제천지원 2020.12.10 2020고단411
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 10, 2017, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 10, 201, and on July 23, 2020, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment and became final and conclusive on July 31, 2020.

【Criminal Facts】

1. The defendant is a person who has been punished twice for a violation of the Road Traffic Act, such as the foregoing crime record.

Nevertheless, at around 20:45 on October 6, 2020, the Defendant driven a B Loneex motor vehicle under the influence of alcohol content of about 0.129% from the 2km section to the front road of the Geumsung-si, the Geumsung-si, the Geumsung-si, the Geumsung-si, the Geumsung-si, the Geumsung-si, the Gi of which was located at approximately 66-11, from the road where it is impossible to find out the detailed address in the Geumsung-si, the Geumsung-si

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. The defendant's legal notice of the results of regulating drinking driving, the report on the circumstances of drinking drivers, and the register of driver's licenses for motor vehicles conducted after regulating drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation records (the confirmation of facts during the period of two times the crimes of the same kind and the suspension of execution), summary orders, written judgments, and application of each one of the Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the following circumstances and the Defendant’s age, character and behavior, family environment, motive, means and consequence of the crime, and the circumstances after the crime.

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