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(영문) 청주지방법원 2019.01.31 2018고정663

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 23:50 on August 7, 2018, the Defendant driven 200 meters at a distance of about 800 meters in front of the new service distance 422 in the same cycle from the street near the cafeteria-dong, Young-gu, Cheongju-gu, Cheongju-si, Seoul to the street in front of the 422 new service distance, while under the influence of alcohol content 0.150% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to a request for appraisal and a report on detection of a host driver;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant recognized the defendant as a criminal act; (b) the fact that there is an erroneous penology; (c) there is no family member to support; and (d) the fact that there is no record of criminal punishment for the same kind of crime; (d) the circumstances favorable to the defendant; and (e) the blood alcohol concentration of this case is very high; and (e) the fact that there is a history of criminal punishment several times; and (e) the fact that there is minor but only causes traffic accidents; and (e) other circumstances unfavorable to the defendant, such as the defendant’s age, character and behavior; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment as set forth in the text and arguments, shall be determined as the above.