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(영문) 청주지방법원 2016.06.30 2016고단404
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 16, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Cheongju District Court, and on September 2, 2014, the judgment became final and conclusive on September 12, 2014, upon being sentenced to 10 months of imprisonment with prison labor and 2 years of suspension of execution due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Harm resulting in death or injury) and a crime of violating the Road Traffic Act.

[2] The Defendant 1, who was punished as a crime of violating the Road Traffic Act, was a person with at least twice the past record of being punished as the crime of violating the Road Traffic Act. On January 30, 2016, Defendant 2, while under the influence of alcohol content of 0.087% from the blood transfusion around 10:50 on January 30, 2016, driven the B-board vehicle from the 20km section from the Gangdong-gu, Seoul to the front day of the Hanam-si, Hanam-dong, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A written consent to blood collection, reply to a request for appraisal, and a report on the detection of a primary driver;

1. Previous convictions in judgment: Inquiry about criminal history, copy of summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a selective fine (such as the circumstances leading to drinking alcohol driving and the fact that the accused repents and reflects the wrongness);

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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