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(영문) 청주지방법원 충주지원 2013.04.09 2013고단42
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 January 15, 2013, at around 23:00, the Defendant driven a motor vehicle with Dgallon under the influence of alcohol concentration of 0.308% under the influence of alcohol with Dgallon, without obtaining a driver’s license from about 10km section from before the front of the 18th-ro, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si to the front road of Kimchi-do, Shin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Relevant provisions of Article 148-2 (2) 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;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The defendant has a criminal record of drunk driving over several times, the degree of blood alcohol concentration is very high, the risk of drunk driving and non-licensed driving, and the purpose of the revision of the Road Traffic Act to strengthen punishment for drunk driving: Considering the fact that the defendant reflects the crime, and other circumstances that are conditions for sentencing recorded in the records, such as the defendant's age, character and behavior, occupation, family environment, etc.;

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