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(영문) 청주지방법원 충주지원 2014.02.14 2013고단797
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 May 30, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and on January 26, 2012, the same court issued a summary order of KRW 3 million with a fine of KRW 3 million for a violation of the Road Traffic Act.

On November 8, 2013, the Defendant, without obtaining a driver’s license of a motor vehicle on November 21:27, 2013, driven a B Tdra XG car at a section of approximately 150 meters from the front of the heart package in front of the heart end in the Chungcheong-si, Chungcheong-si, to the front of the Dong community center in the same Dong, while under the influence of alcohol content of 0.102%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports;

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 defendant again commits the instant crime even though he had been tried for the same kind of crime, 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 the punishment for drunk driving: The defendant has no criminal record exceeding the fine, the defendant reflects the crime, and other circumstances that are conditions for sentencing recorded in the records, such as the defendant's age, character and behavior, occupation and family environment, shall be taken into account;

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