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(영문) 청주지방법원 충주지원 2017.08.08 2017고단502

도로교통법위반(음주운전)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On August 10, 2007, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving in drinking), etc. on the part of the Friwon Friju, and on July 17, 2013, a summary order of KRW 3 million for the same crime was issued, respectively.

[Criminal facts] On May 18, 2017, the Defendant driven a B SP car under the influence of alcohol with approximately 0.105% alcohol level 0.105% in a section of approximately 2km from the king-type off and the parking lot located in the Geum-gu Seoul Metropolitan Government, Geum-do to the front day of the use in the accounting of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of driving records of drinking not less than twice) Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts (the provision of a drinking alcohol driving, selection of a fine, and the defendant, who was sentenced to a fine due to drinking twice in 207 and 2013, committed the instant crime again, and thus, he/she has committed the instant crime again. Therefore, the risk of recidivism is high, and thus, he/she should be punished accordingly. However, he/she shall be punished once by a fine, taking into account the following: (a) the confession of the instant crime; (b) the Defendant committed the instant crime; (c) the Defendant has not yet been punished by a fine exceeding the fine due to drinking alcohol driving;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.