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(영문) 청주지방법원 충주지원 2013.10.25 2013고단523
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 June 7, 2006, the Defendant was sentenced to a fine of 300,000 won for the crime of violation of the Road Traffic Act at the Cheongju District Court. On October 31, 2007, the Defendant issued a summary order of 2 million won for the same crime from the Pyeongtaek District Court’s Pyeongtaek District Court to a fine of 3 million won, and on February 21, 2013, a summary order of 5 million won for the crime of violation of the Road Traffic Act was issued at the Cheongju District Court.

At around 18:50 on August 9, 2013, the Defendant, while under the influence of alcohol of 0.096% of blood alcohol content, driven Brocketing car without obtaining a driver’s license in a section of about 1 km from the front of the cafeteria cafeteria cafeteria located in the west-gun of the Chungcheongnam-gun of the Republic of Korea to the front of the rest area of farmers and fishermen located in the same 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of 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 (written judgments and binding of copies of summary orders);

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended execution: The defendant again commits the crime of this case even though he had a three-time driving record, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: considering the fact that the defendant reflects the crime and that the defendant's health is very poor, community service order and lecture order shall not be issued and the sentence to attend lectures is not imposed and other circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, character, character

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