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(영문) 청주지방법원 충주지원 2013.05.03 2013고단130
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 June 13, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (the crime committed on April 26, 2008) from the Cheongju District Court’s Chungcheong Branch Branch on June 13, 2008 (the crime committed on April 26, 2008) and issued a summary order of KRW 7

(A) On February 18, 2013, the Defendant, who was punished twice or more due to the violation of the Road Traffic Act (driving on April 30, 2008). On February 18, 2013, at around 23:55, the Defendant, without a driver’s license, driven a vehicle with approximately 6 km (6km) from the front day of the old new industry in the Shinyang-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front day of the sublime rehabilitation center in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to a copy of judgment);

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

1. Selection of imprisonment with prison labor chosen;

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: The fact that the instant crime was committed again despite two times of drunk driving, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant reflects the crime and other circumstances that form the conditions for sentencing specified in the records, such as the defendant's age, character and behavior, occupation and home environment, shall be taken into consideration;

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