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(영문) 청주지방법원 2019.03.12 2018고단2916

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 21, 2011, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act, etc. at the Daejeon District Court on November 21, 201, and was sentenced to a fine of KRW 5 million on January 26, 2018 by the Chungcheong District Court on January 26, 2018.

【Criminal Facts】

On November 7, 2018, at around 19:00, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of about 0.239% without the driver’s license, at a section of about 200 meters from the front of the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, B to the roads in front of the Heung-gu, Chungcheongnam-gu, B.

around 19:00 on November 7, 2018, the Defendant cut off the said vehicles by opening a driver’s seat of the Dpoter trucked vehicle owned by the victim E, which was parked in front of the Heak-gu, Cheongju-si B, and returning the knife to the knife, and driving approximately approximately 200 meters of the said vehicle on the front road of the Cpoter located in B.

Summary of Evidence

"2018 Highest 2916"

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking driver, notification of the results of the drinking control, and driver’s license register;

1. On-site photographs;

1. Previouss before judgment: Criminal history records, etc. and "2019 Highest 84";

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of the case, and report on the internal investigation (CCTV image analysis);

1. Application of each statute on photographs;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts, Article 329 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 Article 334(1) requires the corresponding punishment when the defendant committed the instant crime during the same repeated period.

However, the defendant's statement concerning the situation of drinking driving and the reason of theft of the vehicle is accepted.