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(영문) 청주지방법원 2015.04.02 2014고단1907
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

[criminal power] On October 17, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act, and on November 11, 2014, the court received a summary order of KRW 2 million as a fine for the same crime.

【Criminal Facts】

On November 15, 2014, the Defendant, without obtaining a driver’s license at around 13:40 on November 15, 2014, driven a car at approximately 80km (SM7) from the Do in front of the Defendant’s residence located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Seoul, to the front of the “Budget Culture Center” located in the budget-to-si budget-to-si budget-to-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of three-minutes of criminal history records, and a copy of summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act are two times a criminal record due to a violation of the Road Traffic Act, and the criminal records due to a violation of the Road Traffic Act (unlicensed Driving), etc. are several times a prison record (number of juvenile protective orders, one time a fine, and one time a suspended sentence).

In particular, the crime of last drinking driving was committed around September 27, 2014, and the defendant received a summary order of 2 million won due to it, and it is now long up to 80km using the same vehicle as the previous one under the influence of drinking.

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