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(영문) 청주지방법원 충주지원 2014.02.21 2013고단423
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is the driver of enclosed cargo vehicle B.

On July 8, 2013, at around 21:45, the Defendant driven the said cargo vehicle within a distance of approximately 1.5 kilometers from before the marth of a vinyl house, which is under the influence of alcohol concentration of 0.05% by blood alcohol level without a driver’s license, to the front end of the Seoul Metropolitan Union.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the status of a model driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had several previous convictions of the same kind, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purpose of the revision of the Road Traffic Act to strengthen punishment for drunk driving: The defendant reflects his/her crime, and considering various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation, home environment, etc.

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