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(영문) 청주지방법원 충주지원 2015.02.13 2014고단523
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement of each host driver (A, B);

1. Notification (A, B) of the results of the drinking driving control;

1. Photographs photographs of the accident site and the accident vehicle;

1. Investigation report (whether there is a black stuff image and a witness telephone recording of a witness's telephone statement);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A), and Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of sound driving), Article 151(1) of the Criminal Act (the point of delivery of a criminal); the choice of imprisonment

B. Defendant B: Articles 148-2(2)2 and 44(1) of the Road Traffic Act; choice of imprisonment;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of orders to provide community service and attend lectures: The conditions unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Defendant A 2; Defendant B 2; Defendant B her driving under the influence of drinking once the same kind of crime had been committed; Defendants’ respective false statements made by the police; confusions in the investigation to find actual truth by making false statements; Defendant’s blood alcohol concentration at the time of driving this case was high: The Defendants’ level of blood alcohol concentration was high: (i) the time of each crime; (ii) there was no record of being punished exceeding fines due to the same kind of crime; and (iii) other circumstances, such as the Defendants’ age, character and behavior, and family environment, are considered.

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