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(영문) 청주지방법원 충주지원 2019.01.25 2018고단642

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On October 25, 2012, the Defendant was sentenced to a summary order of KRW 7 million by a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on October 25, 2012; on January 9, 2015, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Chungcheong Branch on January 9, 2015; on August 13, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (injury to deadly Weapons, etc.) at the Cheongju District Court’s Chungcheong Branch on November 30, 2016 and passed the period of parole on February 8, 2017 during the execution of the sentence.

【Criminal Facts】

On October 23, 2018, at around 21:00, the Defendant driven a Category C Ⅱ cargo vehicle while under the influence of alcohol content of about 10 meters at approximately 0.149%, in front of the Audio Group B, Chungcheongbuk-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal history records, probationary records (A), investigation reports (verification of the same criminal records of a suspect), summary order, investigation reports (verification of the suspect's repeated crime), judgment - sentence documents, and application of Acts and subordinate statutes on the status of personal confinement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The punishment should be imposed in consideration of the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, the period of recidivism, the blood alcohol concentration, the blood alcohol concentration during the previous driving of alcohol (0.106%, 0.061%), the circumstances and degree leading to the driving of alcohol, the criminal act during the period of repeated crime resulting from a crime of a different type of crime, the records of the crime (two times before and after the crime), the circumstances after the crime, and other conditions of sentencing.