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(영문) 청주지방법원 충주지원 2017.05.23 2017고단207
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On April 10, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (dacting driving) from the Cheongju District Court’s Assistance to the Cheongju District Court. On March 15, 2010, the Defendant received a summary order of KRW 1 million as the same crime in the same court.

[Criminal facts] On October 28, 201, the Defendant driven a C-car under the influence of alcohol leveling to approximately 800 meters from B apartment in front of the Chungcheongnam-si, Chungcheongnam-si, to the front day of the Chungcheong Notice in the same Dong, with approximately 0.069% alcohol leveling from blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Reporting on the arrest of a case;

1. The driver's license ledger and the next registered inquiry;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of criminal suspects' records of punishment for driving like drinking);

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the Defendant shall be punished by a fine at once, taking into account the following facts: (a) the Defendant committed the instant crime, even though he/she had been punished by a fine for driving under the influence of alcohol, 2002, 208 and 2009; and (b) the Defendant was under the influence of driving under the influence of alcohol without a license for driving in 2002; (c) the risk of recidivism exists; (d) the Defendant was not punished for driving under the influence of alcohol after 209; and (e) there was no punishment exceeding the fine).

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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