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(영문) 청주지방법원 충주지원 2013.11.29 2013고단630
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 November 23, 2011, the Defendant was sentenced to a summary order of a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on November 23, 2011, and was prosecuted on August 13, 2013 for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on August 13, 201.

1. Around 13:35 on August 29, 2013, the Defendant was under the influence of alcohol on the violation of the Road Traffic Act and the Road Traffic Act (driving without a license) on the part of the Defendant, with a blood alcohol content of 0.22% without a motorcycle driver’s license, driving B obb in the section of about 50 meters from the distance of the 4-lane in the same Ri, from the day before the sowing market located in the Sorari-Eup of the Chungcheongnam-gun, Chungcheongnam-do.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said otobs without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report of the start-up of a driving;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (a copy of indictment and file of copies of summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of probation and community service order:

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