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(영문) 청주지방법원 충주지원 2013.11.22 2013고단601
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 May 16, 2008, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on May 16, 2008, and a fine of KRW 3 million for the same crime in the same court on August 17, 201.

Although the Defendant had been punished twice or more due to drunk driving, on August 28, 2013, at around 19:10, the Defendant driven a coo vehicle volume B under the influence of alcohol without obtaining a driver’s license from around 2.5 km section from the above to the front day of the boo-Eup in the same Eup Eup/Myeon, from the voice fire station located in the Geum-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

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 inquiry reports on criminal records, etc. and investigation reports (report on attachment of the same type of force judgment);

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he had been convicted of two times of drunk driving, the risk of drunk driving and unlicensed driving, and the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant has no criminal record exceeding the fine, the defendant reflects the crime, and other circumstances that are the conditions for sentencing recorded in the records, such as the defendant's age, character and behavior, occupation and family environment, shall be taken into consideration;

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