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(영문) 청주지방법원 2017.08.18 2016고단1846
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] On October 21, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court. On May 19, 2015, the Defendant received a summary order of KRW 4 million for the same crime from the Cheongju District Court. On July 18, 2016, the Defendant received a summary order of KRW 7 million for the same crime.

[2] On July 28, 2016, Defendant 1, who was punished twice or more due to drinking driving, was driving a car with Caluri in the section of about 1 kh, as seen earlier, from about 72 meters to about 72 meters in front of Shinpo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-ro, under the influence of alcohol content of 0.134% without obtaining a driver’s license on July 28, 2016, and was under the influence of alcohol content of 0.134%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the previous confirmation report) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act was that the Defendant had already been punished several times for the same offense before the instant case, the Defendant was under the influence of a report on driving alcohol (112 declaration), and the Defendant’s recidivism is committed by making a confession of the Defendant and his depth against the Defendant, and the Defendant did not have any criminal history exceeding the fine; the Defendant has contributed to the report of fire from the Roundry recreational forest on April 16, 2017 and the early suppression thereof; and the same was generated in the course of extinguishment of the fire.

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