logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2017.03.10 2016고단966
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On April 18, 2008, the Defendant was sentenced to a fine of KRW 2 million as a crime of violation of road traffic law at the Suwon Flag Flag Flag on April 18, 2008, a fine of KRW 1.5 million as the same crime from the Sungnam Flag support on November 30, 2009, and a fine of KRW 5 million from the Suwon Flag Flag on December 7, 201 to the same crime, respectively.

[2] On December 7, 2016, at around 21:10, the Defendant driven B 2.5 tons of freight in the state of alcohol alcohol concentration of about 0.053% in the 1km section from around the 1km to around the 78-1km of Samsung-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle while under the influence of re-driving.

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. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to report criminal history (report on confirmation of the same criminal history as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had already been punished four times or more due to drinking driving, again committed the instant crime, and thus, the risk of recidivism is high, and thus, a strict punishment is required.

However, the defendant reflects the crime of this case, and the alcohol concentration in the blood transfusion of the drinking driving of this case is 0.053%, and there is no record of punishment that exceeds the fine, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the age, sex, environment, circumstances of the crime, means and result, and the circumstances after the crime.

arrow