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(영문) 청주지방법원 충주지원 2017.12.22 2017고단906
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 2, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Daegu District Court on August 2, 2008, and a fine of KRW 3 million for the same crime from the Chungcheong District Court on August 26, 2016 to the Chungcheong District Court. On April 18, 2017, the same court was sentenced to a summary order of KRW 3 million for the same crime. On April 26, 2017, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act ( Drinking Driving), a violation of the Road Traffic Act (Non-Exclusive Driving), a violation of the Road Traffic Act (Non-Exclusive Driving), a violation of the Road Traffic Act (Non-Exclusive Driving), a criminal is under suspension of execution.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a C-learning car under the influence of alcohol concentration of approximately 0.085% during blood alcohol without obtaining a driver’s license from the front of a restaurant in which it is impossible to identify the trade name in the training-dong in Chungcheongnam-si around November 27, 2017 to the front of the “C-won Elementary School swimming pool” located in the same cultural Dong from around 1km to the road in the same cultural Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous conviction: Application of Acts and subordinate statutes, such as inquiries about criminal history, filing reports on the relevant list of cases and the text of judgment, and summary orders of the same kind of power;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishments provided for in the crimes of violating the Road Traffic Act, which are more severe between each crime and punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, has both led to the confession of the instant crime and reflect in depth.

However, the crime of this case is punished by imprisonment with prison labor for drinking, driving without permission on April 2017, and aiding and abetting.

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