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(영문) 청주지방법원 충주지원 2017.03.03 2016고단915

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On September 26, 2014, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) from the Cheongju District Court’s Assistance, and a fine of three million won for the same crime in the same court on December 16, 2015.

[2] On October 9, 2016, around 00:05, the Defendant driven a motor vehicle with alcohol content of approximately 500 meters from a section of approximately 500 meters to the front road of the apartment complex in the Yeonsu-si training-si, Chungcheongnam-si, Chungcheongnam-si, and around 0:05, the Defendant driven a motor vehicle B with alcohol content of about 0.058% under the influence of alcohol.

As a result, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of regulating drinking driving;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Investigation report (to hear statements by a suspect temporarily involved in drinking time);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime under the relevant Act and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had been subject to a four-time fine due to drinking driving, was driving at once. In particular, on December 16, 2015, the Defendant again committed the instant crime on October 9, 2016, which was within one year thereafter, even when he received a summary order of KRW 3 million due to drinking driving on December 16, 2015, and thus, the Defendant again committed the instant crime. Therefore, there is a need for a strict sentence because of high risk of recidivism.

However, taking into account the fact that the defendant's mistake is seriously against himself/herself and does not repeat the crime, that the defendant does not have been sentenced to a fine or heavier punishment, that is, the defendant's age, sex, environment, etc., and all other circumstances, the defendant shall be finally punished only once.