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(영문) 청주지방법원 영동지원 2019.06.13 2018고단192
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On October 12, 2018, the Defendant driving a cargo vehicle with a gallon owned by himself/herself, while under the influence of alcohol level of approximately 0.177% in the section of approximately 2km from the 2km to the gallon road located in the non-gallon located in the same area from the Yacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, around 20:34, 201.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven the said vehicle without a driver’s license at the same time and place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. The reason for sentencing of Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act with heavier punishment) (limited to a punishment) is that driving under the influence of alcohol is likely to harm the life, body or property of a person as well as a driver himself/herself, and that driving under the influence of alcohol needs to be strictly punished.

The Defendant committed the instant crime during the suspension of execution due to a crime that causes a traffic accident while drunk driving.

The defendant's blood alcohol concentration is high.

【Plue circumstances】 The defendant's crime of this case is recognized.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.

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