(영문) 청주지방법원 2020.10.22 2020고단1168

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(영문) 청주지방법원 2020.10.22 2020고단1168

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

On February 23, 2009, the Defendant received a summary order of KRW 2,50,000 from the Seoul Western District Court to a fine of KRW 2,50,00 as a crime of violating the Road Traffic Act, and on February 25, 2009, a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act was issued by the same court.

On June 5, 2020, at around 01:30, the Defendant driven a rocketing car under the influence of alcohol level of about 0.229% from the 1km section from the front of C in the Cheongju-si Office B to the front road.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (report attached to the same kind of power);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant committed the instant crime even though he/she had twice a previous conviction in the judgment, and thus, the Defendant should be punished strictly.

However, considering the fact that the defendant's mistake recognized that the defendant would not repeat again, the fact that the previous conviction in the judgment of the court is a fine of 2009 and that there is no other criminal record. Taking into account the fact that the previous conviction in the judgment is a fine of 2009 and that there is no other criminal record, the court shall select a fine only once, taking into account all the circumstances, including the defendant's employment rules, the defendant's age, character and conduct, and circumstances before and after the crime, which provide for the case where imprisonment without prison labor or any heavier punishment is finalized, and all other circumstances, including

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