(영문) 청주지방법원 충주지원 2018.11.14 2018고단396

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 충주지원 2018.11.14 2018고단396

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On April 4, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Cheongju District Court, and on July 5, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime.

In addition, on September 11, 2015, the defendant was sentenced to imprisonment for six months by the same court due to a violation of road traffic law.

[Criminal facts] On July 5, 2018, around 07:44, the Defendant driven a Cunch-free car under the influence of alcohol level of about 1km from approximately 0.112% from the 1km section to the roads of the Nonghyup Materials Warehouse located in the Haak-dong in Chungcheongnam-si, Chungcheongnam-si, the front day of the Gain-si operation to the front day of the Haak-si.

Summary of Evidence

1. Statement by the defendant in court;

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. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2(1)1, and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) (amended by Act No. 15530, Mar. 27, 2018) on criminal facts: (a) committed a crime as indicated in the judgment during the period of repeated crime after the Defendant was sentenced to a punishment due to his/her drinking; (b) however, there are circumstances under which certain degree of circumstances may be taken into account, such as the following day after drinking and drinking alcohol during the night period; (c) the Defendant recognized all of the crimes; and (d) the Defendant reflects the fact that the last driving force of drinking was past for three years or more; and (d) the Defendant was punished by a fine only once, taking into account the following facts.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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