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(영문) 청주지방법원 2016.12.22 2016고정910
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On July 19, 201, the Defendant, who is engaged in driving of BM5 automobiles, has a record of being sentenced to a summary order of KRW 2 million for a fine of KRW 2 million in violation of the Road Traffic Act at the Cheongju District Court on July 19, 201, and a summary order of KRW 2 million in the same court on June 4, 2007 as the same crime.

On September 5, 2016, at around 06:55, the Defendant driven the said vehicle under the influence of alcohol 0.066% in blood alcohol concentration, from the non-explosive area of the petition-gu, Cheongju-si to the considerable distance of death in the north-gu, considerable north-ro, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of a result of the influence of drinking alcohol driving control, and written statements made to drivers of drinking alcohol, state of standing, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2019Da15488, Feb. 23, 2011; Supreme Court Decision 201Da11448, Feb. 1, 201; Supreme Court Decision 201Da11448, Feb. 1, 201; Supreme Court Decision 201Da11336

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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