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(영문) 청주지방법원 충주지원 2017.04.14 2017고단123
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 July 6, 2009, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2.5 million as a same crime in the same court on June 21, 2010, respectively.

On February 5, 2017, at around 15:50, the Defendant driven a B-hurbh motor vehicle in the state of alcohol concentration of approximately 0.265% while under the influence of alcohol level from around 585-1 to around 8km located in the same voice-raising Eup, i.e., from around 585-1, in the face of the A-hurgic Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. On-site photographs;

1. Notification to the department related to the report of 112 case;

1. Reporting on the arrest of a case;

1. A report on investigation;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to report criminal history (report on confirmation of the same criminal history as the suspect);

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 was punished three times by a fine by driving each of the alcohol in 2003, 2009, and 2010, the Defendant again committed the instant crime. The instant crime was committed by the Defendant on the ground that the Defendant, while driving a dangerous vehicle with a large alcohol concentration of 0.265% under the low blood alcohol level, was controlled by the Defendant’s report by the rapid and rapid citizens who caused the accident involving the boundary, and that a large-scale accident could have occurred, the nature of the instant crime is very poor and thus, the Defendant should be punished strictly.

However, the Defendant reflects the instant crime in depth, and finally, the punishment for driving under drinking is a crime of light in 2010, which was about seven years prior to the 2010, and there is no punishment exceeding the fine, etc., to be punished by a fine only once.

The age, gender, and administration of the defendant.

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