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(영문) 청주지방법원 충주지원 2019.07.26 2019고단304
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant received a summary order of a fine of KRW 4 million from the Chungcheong District Court's Chungcheong Branch on April 24, 2013, and a summary order of KRW 2 million from the same court on October 30, 2015.

On February 10, 2019, at around 23:40, the Defendant driven a F-III truck with blood alcohol content of 0.134% under the influence of alcohol without obtaining a driver’s license from a section of approximately 1 km from the front road to the front road of the Chungcheongbuk-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. An accident site photograph;

1. One copy of a video CD;

1. Criminal records: Criminal records, reply reports (A), investigation reports (verification of the same criminal records as a suspect), written judgments, and summary orders issued under each Act or subordinate statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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 for discretionary mitigation is 3-4 years and repeated drunk driving at intervals of 3-4 years. The high level of alcohol content is high. In a situation where normal driving is difficult, occurrence of a very dangerous accident, such as collision of dives. There is no good condition after the commission of the crime, such as: (a) a fine for unlicensed driving after the occurrence of an accident; and (b) a repeated driving at intervals of 1-2 years despite the history of the suspension of the execution of imprisonment with prison labor. In light of such circumstances, the sentence of imprisonment with prison labor is imposed; (c) the degree of blood alcohol content; (d) criminal records; (e) the period of recidivism; and (e) the period of recidivism; and (e) other conditions of sentencing.

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