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(영문) 청주지방법원 2017.10.19 2017고단1158
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant is a person who has been sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Cheongju District Court on April 26, 2012, and on April 30, 2014, the Defendant received a summary order of KRW 5 million for the same crime from the same court on April 30, 201, respectively.

On May 13, 2017, the Defendant driven a Cropian car under the influence of alcohol content of about 0.054% in blood, from around 4 km to the front road of the Defendant’s house located in Heak-gu Seoul Metropolitan City, Chungcheongnam-si B to the front road of the Dong Dong-dong in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a written statement of the situation of the driver;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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. Elements of sentencing unfavorable to the ground for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The driver shall repeatedly drive alcohol despite the fact that he/she has been punished by a fine due to drinking twice;

o. Sentencing elements: There are no criminal records other than drinking driving, which are recognized as erroneous and reflective. There are circumstances that may be taken into account the circumstances of the crime. o and other factors for sentencing under Article 51 of the Criminal Act, comprehensively setting the sentence as ordered.

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