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(영문) 청주지방법원 충주지원 2017.09.01 2017고단633
도로교통법위반(음주운전)
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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

On July 17, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and on April 28, 2009, in the same court, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act.

Nevertheless, at around 01:42 on July 23, 2017, the Defendant driven D K5 car under the influence of alcohol content 0.145% from a section of approximately 15km to the front road of “galgrurgurgian” located in the same city where “galsurgian apartment” located in Yeonsu-dong, Yeonsu-si, Chungcheongnam-si.

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. The driver's license ledger and the driver's license ledger;

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

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (verification of the history of disposition of suspect drinking driving);

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts (the drinking driving, the Defendant’s blood concentration at the time of committing the instant crime is high, and the Defendant again committed the instant crime even if he had the record of punishment for drinking in 2008 and 2009, and thus, again committed the instant crime, there is a risk of recidivism.

However, in light of the fact that the Defendant both led to the instant crime and reflects the depth of the instant crime, and the Defendant did not have any history of criminal punishment other than the previous two times of driving alcohol, and that there was no control over driving for about eight years after 2009 by drinking alcohol, etc., the Defendant shall be punished by a fine at this time in the sense that he gives an opportunity once again taking into account the possibility of improving the habit of drinking alcohol driving, etc.

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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