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(영문) 청주지방법원 영동지원 2019.09.05 2019고단70
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

Around 12:10 on May 20, 2019, the Defendant driven a C high-speed car owned by the Defendant from the vicinity of the Daesung-gu B market to the Yancheon-gun Mayangyangyang-si, Yacheon-do, Samyang-do, Samyang-do, Samyang-do, in a state of alcohol with a blood alcohol concentration of 0.153%.

On June 21, 2019, the Defendant, at around 10:53, operated a C low-speed car in the section of about 15 km from the vicinity of the Daejeon Dong-gu without a car driver’s license to the front of the G in the Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) of the Act on the Punishment of Probation, Order to attend a lecture, or Order to provide community service order requires a strict punishment for a crime that is likely to inflict harm on the life, body, or property of a deceased person as well as the driver.

The defendant's blood alcohol concentration is considerably high and the distance of driving under the influence of alcohol is also driving.

The Defendant was driving on an expressway while driving a drunk.

The Defendant had been driving without a license since the license was revoked due to drinking driving.

【Pried circumstances】 The Defendant recognized all of the instant crimes.

In addition, the judgment of this case, such as the age, reputation, health status, environment and family relationship of the defendant, and the circumstances after the crime, etc.

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