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(영문) 청주지방법원 충주지원 2018.11.09 2016고단881
도로교통법위반(음주운전)등
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

[criminal history] On January 4, 2005, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1.5 million for the same crime at the same court on September 24, 2008, and a fine of KRW 1.5 million for the same crime on July 3, 2015, respectively.

[2] On October 18, 2016, the Defendant: (a) driven a FK 3 vehicle under the influence of alcohol level of 0.140% while under the influence of alcohol level of 0.140%, without a valid driver’s license, in the direction of approximately 900 meters from “C” to “E” point of food in the same D.

Accordingly, the Defendant, who violated the Road Traffic Act at least twice, driven a motor vehicle while under the influence of alcohol without a driver's license.

Summary of Evidence

1. G statements;

1. Notification of the results of regulating drinking driving;

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

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act with heavy punishment);

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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