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(영문) 청주지방법원 2012.12.27 2012고합356

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

[criminal power] On October 30, 2006, the defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on October 30, 2006, and on June 13, 2007, by the same court, to a suspended sentence of six months for the same crime.

【Criminal Facts】

On November 1, 2012, the Defendant is a person driving a BAcar car. On November 20, 2012, the Defendant driven the said car at approximately KRW 700 meters from the front of a mutually influent restaurant located in the Heung-gu Soungdong-gu, Chungcheongnam-gu to the roads located in the same Dong-dong, Cheongju-si, while under the influence of alcohol concentration of 0.062% of alcohol in blood.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of inquiry reports and investigation reports (reports attached to summary orders, etc.), including criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the criminal records as stated in the judgment, has the history of having been already punished three times due to drunk driving. Among them, one time of suspension of execution is the previous criminal records, and the current Road Traffic Act strengthens the punishment for drunk driving for the purpose of preventing the drunk driving which threatens road traffic safety and ensuring the awareness of it.

However, the defendant's final conviction was five years prior to the end of the sentence. In particular, the defendant's blood alcohol content at the time of the instant case exceeded the threshold of 0.062% by taking account of the following factors: the defendant's age, character and conduct, family environment, motive, means and method of committing the instant case, and circumstances after committing the instant crime, etc., the punishment shall be determined as ordered by taking into account all the conditions of sentencing as shown in the instant argument.