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(영문) 청주지방법원 2020.03.24 2019고단1799
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, at the Seoul Southern District Court on June 13, 2008, issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act; on December 11, 2008, a summary order of KRW 2 million to a fine for the same crime; on January 29, 2009, the same court issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (free license); on April 21, 2010, by the same court on April 21, 2010, the defendant was sentenced to a summary order of KRW 2 million; on January 23, 2019, the defendant was sentenced to a suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury by Dangerous Driving); and on January 23, 2019, the defendant was sentenced to a suspended sentence of imprisonment for a violation of the Road Traffic Act at the Chungcheong District Court on January 23, 2019.

On August 20, 2019, the Defendant, while under the influence of alcohol of 0.098 percent of blood alcohol concentration without a driver’s license, driven a d1 ton cargo from the front of the C Bank located in Seo-gu, Seowon-gu, Seowon-si to the front road of the Cheongju-si, Seowon-gu, Hoju-si, Goju-si, to the unclaimed restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the ledger of driver's licenses and the control results of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following reason for sentencing) is that the Defendant is not aware of the fact that he had been subject to punishment several times for the same kind of crime, but is still under suspension of execution for the same crime.

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