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(영문) 청주지방법원 2016.12.16 2016고단1314

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by a fine not exceeding seven million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

On August 30, 2012, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Changwon District Court's branch on August 30, 2012, and completed the execution of the sentence in the Changwon Prison on February 22, 2016. On March 11, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court's jurisdiction on June 26, 2007.

The defendant is a person who drives a two-way passenger car.

On April 14, 2016, around 22:40, the Defendant driven the said car under the influence of alcohol content 0.105% from a restaurant in the name of Young-gu, U.S., U.S. and U.S., U.S., U.S., U.S., U.S., U.S. to the lower roads of U.S. 363-3, Cheongju-si.

As a result, the Defendant was punished twice due to drinking driving, but again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. An inquiry into the vehicle, inquiry into the results of the drinking driving control, notification of the results of the drinking driving control, statement on the state of drinking drivers, and written statement of control details; and

1. Previous convictions indicated in the judgment: Criminal history records and other inquiry reports, investigation reports (verification of the facts of crime during the period of release and repeated crime), personal confinement status, investigation reports (Attachment, such as a copy of summary order of the same kind of crime), application of Acts and subordinate statutes of the summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Code for the detention in the workhouse has the record of being punished twice as the same kind of crime, and it is necessary to strictly punish the instant crime in that the Defendant committed the instant crime even though he/she was a repeated crime due to the instant crime. However, even though the Defendant has a deep variety of errors and is likely not to drive under the influence of alcohol again, and other matters after the Defendant’s age, occupation, character, family relation, and family relation.