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(영문) 청주지방법원 충주지원 2018.09.07 2018고단422
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] The Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Chungcheong District Court on September 16, 2002, and on November 16, 2004, the Defendant was sentenced to a suspended sentence of KRW 2 million for six months for the same crime in the same court on November 16, 2004. On February 15, 2007, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic law (drinking driving) at the same court on February 15, 2007, and was issued a summary order of KRW 5 million for the same crime in the same court on January 5, 2018.

[2] On June 5, 2018, the Defendant driven a car in B, while under the influence of alcohol with approximately 0.065% alcohol concentration in blood without obtaining a driver’s license, from the front of the restaurant of “Pyeong-gu, Leecheon-si” in the Dongcheon-si, Dongcheon-gu, Gyeonggi-do to the front of the restaurant to the head of the king-gu, Chungcheong-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Criminal Records: References to inquiries, such as criminal history, (A), investigation reports (the same criminal record and confirmation of the suspect), summary orders, and the application of statutes of the judgment;

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, a punishment shall be imposed in consideration of alcohol content (0.065%) in the blood for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, the period of recidivism, the period of summary order due to the driving of alcohol, the fact that the person committed the same kind of crime again within five months after being sentenced to a summary order due to the driving of alcohol, the circumstances leading to driving of alcohol

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