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(영문) 청주지방법원 충주지원 2018.06.01 2018고단156
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On May 26, 2010, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law (drinking driving) in the support of the Chungcheong District Court, and on February 9, 2018, issued a summary order of KRW 5 million by the same court due to the same crime, etc.

[2] On February 22, 2018, the Defendant driven an E 7 vehicle under the influence of alcohol content of 0.056% while under the influence of alcohol content of 0.056% without obtaining a driver’s license, from around D’s license in front of the Chungcheongnam-si, Chungcheongnam-si to the front road of the 305m gold station located in the same city as 305m from the same city gold.

As a result, the Defendant, who had a driving record of drinking not less than twice, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The ledger of permission to drive motor vehicles;

1. Criminal history: (A) a response to inquiries, such as criminal history, reporting on the results of the investigation (verification of criminal records of the suspect), reporting on criminal records (verification of criminal records of the suspect), written judgments, and application of statutes of the summary order;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

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

1. According to Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, a fine shall be selected by taking into account the alcohol content (0.056%) during the period of sentencing of Article 334(1) of the Criminal Procedure Act, the circumstances leading to driving under drinking (not immediately deemed driving after drinking, and considering the circumstances deemed to have been controlled while working at night after a considerable number of hours after drinking). However, the amount of fine shall be determined by taking into account the criminal records, the period of recidivism, and other sentencing conditions.

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