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(영문) 청주지방법원 2015.07.15 2015고단655
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 26, 2013, the Defendant issued a summary order of KRW 4 million to the Cheongju District Court for the violation of the Road Traffic Act, and the summary order of KRW 8 million to the same court on October 7, 2014, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), the violation of the Road Traffic Act (Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving).

On May 1, 2015, the Defendant, without a driver’s license, driven a BF car at approximately 300 meters away from the Cheongju-si Masan 1004 Masan-ro 1004 Masan-ro 1004 Masan-ro 400 meters away from the Cheongju-si Cheongju-ro 300 meters away from the 19:40 Mari-ro Mari-ro 46 Mari-si.

Accordingly, the Defendant violated it more than twice even though he was prohibited from driving under the influence of alcohol, and again driven the said car under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A survey report on actual condition, a report on circumstantial statements of a drinking driver, notification on the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1, 44 (1) and 152 subparagraph 1, and 43 of theo Road Traffic Act concerning criminal facts;

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. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is that the defendant has been punished twice by a fine due to drinking driving, etc. within the last two years, and the drinking measured level also 0.262% and 0.197%.

Nevertheless, the Defendant did not drive a drinking without a driver’s license.

This case's drinking measuring level is 0.228% considerably high.

On the other hand, however, the defendant.

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