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(영문) 청주지방법원 2020.04.10 2019고단2583
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 10, 2011, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Cheongju District Court on March 10, 201, and a summary order of KRW 4 million with the same crime at the Cheongju District Court on July 31, 2013.

On November 13, 2019, around 02:45, the Defendant driven a F rocketing car with approximately 200 meters of alcohol content 0.108% while under the influence of alcohol content 0.108% from the front distance of “E” located in C before the petition-gu, Cheongju-si.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is not only that the defendant, even though he had had the record of being punished twice due to drunk driving, was engaged in a drunk driving, but also that the blood alcohol concentration is considerably high.

On the other hand, the defendant does not repeat the crime in the future and is going to live faithfully.

In addition, the punishment shall be determined as ordered in consideration of all the conditions of sentencing shown in pleadings, such as the age, character and conduct, environment, family relationship, and motive of the crime.

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