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(영문) 청주지방법원 충주지원 2015.06.26 2015고단92
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2006, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. in the Chungcheong District Court's Assistance, and on July 3, 2007, the Defendant was sentenced to a suspended sentence of two years for a period of six months for the same crimes, etc.

1. On November 28, 2014, at around 18:03, the Defendant driven B truck under the influence of alcohol with a blood alcohol concentration of 0.146% without obtaining a driver’s license in a section of about 700 meters from the front of the limit apartment, which is in a melting field, in a melting field, and from the front of the limit apartment, to the road of the same grith and the road of the grith.

As a result, the defendant was punished for violating the Road Traffic Act more than twice without obtaining a driver's license, and was driving a motor vehicle under the influence of alcohol again.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The Defendant operated B cargo vehicles without mandatory insurance at the same time and place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Written statements in C and D;

1. The application of Acts and subordinate statutes concerning traffic accidents, camping out and arrest reports, notification of the results of drinking driving control, report on the circumstantial statements of drinking drivers, inspection reports, actual situation records, photographs of each field, vehicle inquiry, vehicle register, car driving certificate, mandatory insurance certificate 1, criminal records, and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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