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(영문) 청주지방법원 충주지원 2019.03.22 2018고단766
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On December 8, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on the grounds of the violation of the Road Traffic Act, and a summary order of KRW 2.5 million for the same crime, etc. from the same support on September 6, 2011, and a summary order of KRW 2 million for the same crime, etc. from the same support on September 7, 2007.

【Criminal Facts】

1. On October 31, 2018, at around 15:46, the Defendant discovered that the key is posted to the DPoter truck parked in front of the victim C’s house located in the Chungcheongnam-gun, Chungcheongbuk-gun, and used the said truck temporarily by driving it at the same Eup at the same time until 15:59 on the same day without the victim’s consent.

2. The Defendant, without obtaining a driver’s license, driven a vehicle 5 kilometer truck at the date and time, at the place, paragraph 1, while under the influence of alcohol with a blood alcohol content of 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. The ledger of driver's licenses;

1. Statement to C by the police;

1. Investigation reports (commarking formula);

1. Criminal records: Application of Acts and subordinate statutes to investigation reports, criminal records, and inquiry reports on criminal records;

1. Relevant Articles 31-2 (Unlawful Use of Motor Vehicles, etc.), 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. There are many records of criminal punishment for discretionary mitigation of punishment under Articles 53 and 55(1)3 (class III intellectual disability) of the Criminal Act due to driving without a license for drinking alcohol for the reason of sentencing. After criminal punishment of a fine due to driving without drinking alcohol, name is given to driving without a license for drinking alcohol again for more than one year, and the possibility of re-offending is high. Such circumstances are considered to be punished by imprisonment.

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