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(영문) 청주지방법원 제천지원 2019.11.28 2019고단301

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On November 26, 2008, the Defendant was sentenced to a summary order of KRW 700,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Incheon Branch on November 26, 2008. On November 3, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving). On September 21, 2017, the same court sentenced the Defendant to imprisonment of six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) and for a violation of the Road Traffic Act (Dangerous Driving) and completed the execution of the sentence in the Chungcheong Detention House on March 19,

【Criminal Facts】

On September 7, 2019, around 23:58, the Defendant driven a F lus vehicle under the influence of alcohol content of about 0.183% at a distance of about 200 meters from the c's restaurant street in Seocheon-si B to the e-mail front of the E-distance in Seocheon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements and investigation reports of the host driver (the circumstantial report of the host driver);

1. Making a report on the control of drinking driving;

1. Criminal records: Criminal records, investigation reports, confirmation of criminal records of a suspect, judgment, each summary order, each judgment, and the current status of confinement of each individual;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The defendant has been sentenced to a fine for a violation of the Road Traffic Act on or around 2008 and around 2009, and the defendant has been sentenced to imprisonment on or around 2017 due to a violation of the Road Traffic Act and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).