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(영문) 청주지방법원영동지원 2020.11.05 2020고단119
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On August 15, 2016, the Defendant was sentenced to a fine of three million won on November 30, 2017 at the Young-gu District Court’s Young-dong branch, which was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) in the operation of a motor vehicle under the influence of alcohol level of 0.085%.

On April 12, 2020, the Defendant driven a D truck under the influence of alcohol level of 0.131% in the direction of the C convenience store located in Seosan-si B, Seosan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of the drinking driver), and details of the drinking control report;

1. Criminal records as judged: Application of Acts and subordinate statutes No. 20 by reference to criminal records, replys to criminal records, and list of evidence of judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is one of the important factors that increase the risk of traffic accidents, and the frequency of occurrence of accidents is high, thereby causing a huge threat to the life, body, etc. of not only the drinking driver himself/herself but also other people. As the social damage caused by the drinking driving increases, it is necessary to bear strict responsibility for the drinking driver.

As seen earlier, the Defendant was punished as a fine by driving under the influence of alcohol once, and the Defendant committed the instant crime by driving under the influence of alcohol on a four occasions, even though he had the record of being punished as a fine by each of the fines, and driving under the influence of alcohol at once. Therefore, the Defendant’s liability is not weak.

Defendant has been punished several times for other crimes.

In particular, on December 21, 2016, the Defendant was sentenced to imprisonment for six months with labor for a violation of the Punishment of Violences, etc. Act (joint confinement) at the Daejeon District Court on December 21, 2016, and the revocation of detention on June 20, 2017.

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