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(영문) 청주지방법원 충주지원 2015.11.20 2015고단279
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2006, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and a fine of KRW 3 million for the same crime in the same court on March 25, 201.

On June 24, 2015, at around 03:50, the Defendant driven a motor vehicle with low alcohol level of at least 500 meters from the front side of the Geumdo-dong, Geumdo-ri, Geumdo-ri, Chungcheongnam-do-ri, Chungcheongnam-do, to the front side of the Geumdo-ri in the same Ri, without obtaining a driver's license, and driving a motor vehicle with low alcohol level of at least 0.128 percent under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the occurrence of the case, report on the situation of the driver, notification on the results of the drinking driving control, records on the disqualifications for driver's license, photographs, and driver's license ledger; and

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of summary order, etc.);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 is that the Defendant had already been punished several times due to drinking and driving without a license, and it is inevitable to sentence him/her for committing the instant crime, even though he/she had the record of having been subjected to a suspended sentence due to driving without a license around 2013.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant is recognized to commit a crime.

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