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(영문) 청주지방법원 2018.11.30 2017고단2638

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant was sentenced to a summary order of a fine of two million won or more for a violation of road traffic law in the Chuncheon District Court's original branch on August 20, 2010, and was sentenced to imprisonment on November 27, 2014 by the Daejeon District Court for the same crime, etc. on November 27, 2014, and was released on November 30, 2015 during the execution of the sentence by the Incheon District Court on parole on December 27, 2015 and was sentenced to imprisonment on at least two occasions for a violation of road traffic law (driving), such as the expiration of the period of parole on December 27, 2015.

On November 25, 2017, the Defendant driven CM520 automobiles under the influence of alcohol leveling to approximately 0.076% from the 20km section from the 18:20km to the 20km road in the SM520m from the 20km road in the Sin-si Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same kind of power and repeated offense), and the current status of expropriation of each individual;

1. Article 148-2 of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the same Act concerning the facts constituting an offense, and Article 148-2 of the same Act and the provision of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant commits the instant crime during the period of the same repeated crime, and thus, the criminal defendant needs to be punished corresponding to the defendant.

However, the degree of drinking is not excessive, and the diving is sufficiently sleep.

Considering the statement of the defendant to the effect that he was aware of, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, sexual conduct, intelligence and environment; the motive, means and consequence of the crime of this case; and the circumstances after the crime.