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(영문) 청주지방법원 2018.01.11 2017고단2165
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

On May 29, 2015, the Defendant received a summary order of a fine of KRW 4 million from the Cheongju District Court for a crime of violating the Road Traffic Act.

On October 7, 2017, the Defendant driven a motor vehicle with 0.230% of alcohol content in blood while under the influence of alcohol at 0.230%, from the 139 Paris Embrymp, Cheongju-si, Cheongju-si, 139, the Paris Embrymp, to the 6th ambinian Dozymp, Yan-ro, 130, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver of the driver's license, a report on the results of regulating drinking, and a report on the circumstances of the driver's license

1. A photograph of the accident site and photograph of the accident site;

1. Previous convictions in judgment: A reply to inquiry, investigation report, and application of a copy of summary order, such as criminal history;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act should be imposed on the defendant for the reason of the sentencing of the provisional payment order by taking into account the following factors: (a) although the defendant has had the same criminal history, such as repeated driving while driving in a state of drinking alcohol and driving a traffic accident; (b) however, there is no particular criminal record other than being punished once by a fine due to drinking driving; (c) recognition of and reflects the mistake; and (d) other factors for sentencing as ordered by Article 51 of the Criminal Act.

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