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(영문) 청주지방법원 충주지원 2020.05.22 2019고단637
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 13, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Cheongju District Court's Chungcheong Branch on October 13, 2010.

On October 4, 2019, at around 02:23, the Defendant driven D truck under the influence of alcohol content of about 0.120% from the 4km section to the front road of the Gambling Line C truck in the B of the B B of the Chungcheongnambuk-do, the Defendant driven D truck under the influence of alcohol content of about 0.120% from the 4km section to the front road of the Gambane 562-1.

Accordingly, the defendant was driving under drinking not less than twice.

On March 24, 2020, the Defendant 2020-Ma211 driven a G-do motor vehicle in approximately 6.6 km from the (ju) road located in Chungcheongnam-gun E in Chungcheongnam-gun without obtaining a driver's license on March 24, 2020 to the front road of the bus stops located in 87-1 in the same Gun as the gold day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Report on the results of the crackdown on drinking alcohol driving, the report on the actual state of drinking drivers, and electronic documents;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Criminal records, inquiry records, and application of one copy of judgment;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reaches four times the criminal defendant's equal penal power, and the defendant has four times the same history of violation of laws and regulations related to road traffic.

The defendant, who was under trial due to a drunk driving, escaped while being sentenced to a trial, and committed a without the driver's license during the period of escape.

Such circumstances are considered as disadvantageous circumstances, but it is advantageous to the fact that the punishment power for drunk driving was ten years.

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