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(영문) 청주지방법원 제천지원 2015.07.02 2015고단174
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 19, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 3 million for a crime of violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District Court on December 19, 201, and a summary order of KRW 7 million with the same crime in the same court on October 31, 201.

【Criminal Facts】

On December 11, 2014, at around 03:00, the Defendant driven D low-end car under the influence of alcohol content of about 0.260% without a car driver’s license at the 5km section of approximately 5km from the Do in front of 03:00 on December 11, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on the status of a drinking driver, report on the status of each drinking driver, and report on the request for appraisal;

1. Registers of driver's licenses;

1. Photographs explanation;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (a copy of summary order) and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from one year to six months;

2. The Defendant, who was sentenced to punishment, committed the instant crime in spite of the history of punishment several times due to drinking driving, driving without a license, etc., and the Defendant’s blood alcohol concentration is deemed to have considerable risk in light of the Defendant’s blood alcohol concentration, and actually caused a traffic accident that meets the central separation stand disadvantageous to the Defendant. The Defendant’s confession of the instant crime and reflects it is favorable to the Defendant.

. The above.

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