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(영문) 청주지방법원 충주지원 2017.11.14 2017고단802

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On November 2, 2011, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act at the Cheongju District Court, and on August 13, 2013, issued a summary order of KRW 1,50,000,000 as a fine for the same crime from the Cheongju District Court’s Assistance.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven a BS-type car under the influence of alcohol content 0.15% in the 3km section from around 23:30 on October 11, 2017 to the 3km road located in the same Ri, i.e., “corporate bank” located in the 286-ro in the 286-ro (i.e., the 3km).

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s written statements and photographs;

1. Notification of the results of regulating drinking driving;

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

1. Report on the occurrence of a traffic accident;

1. An accident scene photograph and on-site photograph;

1. A survey report on actual conditions;

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: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a Attachment to a summary order, etc. of the same kind of power);

1. Articles 148-2(1)1, 44(1)1, and 24(1) of the Road Traffic Act concerning criminal facts of this case (the Defendant was punished by a fine due to drinking in 2011 and 2013, but committed the instant crime again, and thus, the risk of repeating a crime exists, and the degree of alcohol concentration in the blood is higher than 0.155% at the time of the instant crime. In fact, it is not good in light of the fact that the Defendant committed a traffic accident that falls down on the just while driving a just by under the influence of alcohol.

However, as seen earlier, the Defendant has been subject to criminal punishment in addition to being sentenced to a fine of two times due to drinking driving, and a fine of two hundred thousand won due to driving without a license in 2003.