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(영문) 청주지방법원 충주지원 2017.03.10 2016고단895
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

On March 19, 2009, the Defendant received a summary order of one million won or more for a crime of violating the Road Traffic Act (drinking driving), and a summary order of one million won or more for the same crime from the Cheongju District Court’s Assistance on February 19, 2016.

Although the Defendant had been punished twice or more due to drinking, on November 13, 2016, at around 22:35, the Defendant driven B-type cargo vehicles under the influence of alcohol with approximately 0.084% of alcohol concentration in the 8km section from around the mutual influence cafeteria located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to around 122, from around 122.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (former and attachment of the summary order);

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 twice due to drinking driving, was again committing the instant crime, and thus, the risk of recidivism is high, and thus, it is necessary to strictly punish the Defendant.

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 0.084%, and there is no record of punishment that has yet to go beyond the fine, etc., and the defendant's age, sex, environment, circumstances of the crime, means and result, etc. shall be determined as ordered by the sentence in consideration of all the sentencing conditions, including the following circumstances.

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