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(영문) 청주지방법원 2016.09.29 2016고단1359
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 23, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law (driving in drinking), and on August 31, 2007, a summary order of KRW 1.5 million for the same crime was issued from the Suwon Friwon to the same crime.

On June 3, 2016, the Defendant driven B-learning car from the front of the Cheongcheon-gun Cheongcheon-gun, Jincheon-gun, Jincheon-gun, the alcohol content of which is 0.10% at around 21:11, to the front of the Hancheon-gun, Jincheon-gun, Jincheon-gun, the Defendant was under the influence of alcohol.

As a result, the Defendant violated the duty of prohibition of driving in the state of driving more than twice, and drives the vehicle again in the state of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentence identical to the order shall be determined by taking into consideration all the sentencing conditions shown in the pleadings of the instant case, such as the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, the driving background of drinking alcohol, the measurement of drinking alcohol, the previous conviction of a fine in the same kind (not later than nine years), the serious reflectivity, etc.

It is so decided as per Disposition for the above reasons.

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