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(영문) 청주지방법원 충주지원 2017.03.03 2016고단908

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

On February 1, 2008, the Defendant received a summary order of KRW 2 million due to a violation of road traffic laws (drinking driving) from the Cheongju District Court branch on February 1, 2008 and KRW 4 million due to the same crime in the same court on June 5, 2008.

On October 18, 2016, the Defendant driven a B-wing truck under the influence of alcohol content of about 8km from around 0.143% to around 125 minutes to the front road of the voice department in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheong-gun, Chungcheongnam-do, the voice of the 125km-gun, the Defendant driven a B-wing truck under the influence of alcohol content of about 0.143%.

As a result, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of a summary order of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime under the relevant Act and the selection of a fine;

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 of the Criminal Procedure Act requires strict sentencing in light of the fact that the Defendant had been sentenced to four times a fine due to drinking alcohol driving, and in particular, in the case of the instant crime, the Defendant was in a state of drinking alcohol concentration of 0.143% during blood.

However, in consideration of the fact that the defendant's mistake is seriously against himself/herself and does not repeat the crime, that the defendant does not have been sentenced to a punishment exceeding the fine, and that other circumstances such as the defendant's age, sex, environment, etc., the last sentence to a fine shall be imposed on the defendant only once.