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(영문) 청주지방법원 2015.10.08 2015고단692
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 30, 2009, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court, and on March 2, 2010, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Chungcheong District Court on March 2, 201. On March 25, 201, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court on March 25, 201.

【Criminal Facts】

On April 14, 2015, the Defendant, without obtaining a driver’s license at around 20:40 on April 14, 2015, driven a B observer car over approximately 100 meters from the front of the “slam” in the front of the “slamb” located in the Cheongju-si, a substantial amount of 0.16% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, the results of the control of drinking driving, and the circumstantial statement of a drinking driver;

1. A driver's license inquiry;

1. Previous records: Criminal records, inquiry reports, application of Acts and subordinate statutes (a summary order and attachment of judgment of the same criminal suspect) and investigation reports;

1. Relevant provisions of Article 148-2 (1) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “ favorable circumstances in sentencing”) includes the first head’s previous conviction in the judgment, and the Defendant’s previous conviction due to a violation of the Road Traffic Act (five times a fine, five times a fine, one time a penalty) since 2001, and the previous conviction due to a violation of the Road Traffic Act (one time a fine) has reached six times (five times a fine) and even four times a previous conviction due to a violation of the Road Traffic Act (one time a fine), despite the name of four times a previous conviction due to a violation of the Road Traffic Act

In addition to the above circumstances, the defendant commits a mistake.

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