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(영문) 청주지방법원 2014.07.03 2013고단2013
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 21, 2007, the Defendant was sentenced to four months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Cheongju District Court on November 22, 2007, sentenced to four months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Cheongju District Court on November 22, 2007, and completed the execution of the sentence on April 10, 201 after being sentenced to six months by imprisonment with prison labor for a violation of the Road Traffic Act (licensed Driving) at the Cheongju District Court on November 18, 201.

【Criminal Facts】

On September 21, 2013, the Defendant, while under the influence of alcohol of 0.082% of blood alcohol concentration, driven a car with approximately 30 meters C Twork X-ray (XG) car from the front of the restaurant in which it is impossible to identify the trade name located in the Cheongju-gu Kumdong of the Cheongju-si to the front road of the “Yansan-do Gandong,” located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records of judgment: Criminal history records, investigation reports (prior records of a criminal suspect), records of personal identification and confinement status, decisions of Cheongju District Court 2010 largeest 584 highest Cheongju District Court 2010 highest 584, reports of investigation reports (Attachment of a copy of judgment), and applications of respective statutes of judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation leads to the detection by the defendant of the wind that causes a traffic accident that causes physical damage while driving a motor vehicle while under the influence of alcohol, despite the fact that the criminal record resulting from a violation of the Road Traffic Act (three times of a fine, one time of suspended sentence, one time of suspended sentence, and two times of a sentence as stated in the judgment), has again been committed for the same kind of crime, in view of the fact that the criminal record was committed at least six times (three times of a fine, one time of suspended sentence of a punishment, and two times of a repeated crime) and that it was a repeated crime period, the defendant is sentenced to a sentence.

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