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(영문) 청주지방법원 제천지원 2018.06.07 2018고단76
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2] On November 22, 2004, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic laws (drinking driving) from the original Chuncheon District Court’s original branch on the ground of a violation of the Road Traffic Act. On May 27, 2013, the Defendant received a summary order of KRW 3 million as the same crime from the Cheongju District Court’s Incheon Branch Branch on the ground of the same offense. On October 26, 2015, the Defendant received a summary order of KRW 4 million as a fine for the same crime.

[2] On March 15, 2018, around 00:40 on March 15, 2018, the Defendant driven CM7 car cM7 while under the influence of alcohol for about 600 meters from the new line parking lot of 171, Ma-ro, 171 to the front road of the 16-lane 24, as from the 16-lane Ma-ro, as in the city of Y-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Criminal history: Application of inquiry letter, such as criminal history, and of each summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

There is a record of being punished three times as a crime of violating the Road Traffic Act (drinking).

On October 26, 2015, a summary order of 4,000,000 won was issued on October 26, 2015 due to a violation of road traffic law (drinking) but the same crime was committed.

In blood, alcohol concentration is high.

The favorable circumstances: The mistake is recognized and reflected.

The defendant is driving a drinking alcohol at a distance.

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