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(영문) 청주지방법원 영동지원 2019.05.23 2019고단24

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 15, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million with the same crime in the same court on October 21, 2013.

Around 14:50 on February 16, 2019, the Defendant driven a motor vehicle owned by himself/herself from the front side of a restaurant in the Chungcheong-gun B to the front side of D, under the influence of alcohol level of 0.087% of blood alcohol level around 14:50.

As a result, the defendant has driven a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 12) and the application of Acts and subordinate statutes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment has committed the instant crime even though the Defendant was punished for drunk driving three times in the past.

The Defendant recognized the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.