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(영문) 청주지방법원 충주지원 2017.06.09 2017고단414
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 12, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking) in the support of the Chungcheong District Court of Chungcheongju on August 12, 2010. On September 12, 2016, the same court was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act (drinking). On March 19, 2017, the Defendant completed the execution of the sentence at the Cheongju prison.

[Criminal facts] On April 23, 2017, the Defendant driven C with a coo vehicle volume at approximately 10 meters in C while under the influence of alcohol level of 0.217% in blood without obtaining a driver’s license on April 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating drinking driving;

1. A written statement of the driver who takes charge;

1. Investigation report of the driver at the main place of business;

1. Inquiries into the ledger of driver's licenses, vehicle inquiry, and inquiry into the grounds for disqualification of the main office;

1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation report (verification of criminal suspect, repeated crime and records of the same kind), application of Acts and subordinate statutes concerning personal confinement;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is both confessions and reflects the depth of the instant crime. However, the Defendant was punished for drinking and driving without a license on several occasions. In particular, the Defendant was sentenced to eight months of imprisonment due to drinking driving on September 12, 2016 and completed the execution of the sentence on March 19, 2017, again carried out drinking and driving without a license for one month after remaining one month from the date when he/she was sentenced to eight months of imprisonment due to drinking driving on September 12, 2016. The risk of recidivism is very high, and the corresponding punishment is required because

In addition, the age, sex, environment, motive and circumstances of the crime of the defendant, and crimes.

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