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(영문) 청주지방법원 영동지원 2013.07.04 2013고단43
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 24, 2011, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution for the violation of the Road Traffic Act in the Youngju District Court's Young-dong branch on February 24, 201. On November 2, 2012, the Defendant issued a summary order of 5 million won for the violation of the Road Traffic Act in the same court and the same criminal records are added to 9 times.

1. On March 17, 2013, at around 17:30, the Defendant driven a vehicle with a gallon in C gallon under the influence of alcohol content 0.131% without a vehicle driver’s license at a section of about 300 meters from the pre-road of hydro-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the pre-road of the same Riminium.

2. On April 4, 2013, at around 10:15, the Defendant driven a car with a gallonus without a car driver’s license from a lower parking lot under the bottom of the Mari-ri-ri-ri-dong, Young-dong, Chungcheongnam-do, Chungcheongnam-do to the implied ginseng distance from a lower-class parking lot under the Mari-ri-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the implied ginseng.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Control note;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, written judgments, and other 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; and

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of March 17, 2013, and punishment provided for in the crimes of violation of the Road Traffic Act of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the crimes above two crimes) is concurrent crimes with the punishment determined for a violation of the Road Traffic Act heavier than the punishment;

1. The reason for sentencing under Article 53 of the Criminal Code for discretionary mitigation (hereinafter referred to as the following extenuating circumstances out of the reasons for sentencing).

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