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(영문) 청주지방법원 2021.03.26 2020고단2434
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On February 1, 2005, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Jeju District Court on February 1, 2005, and a fine of 2.5 million won for a crime of violating the Road Traffic Act at the same court on December 21, 2006, and was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act.

On September 25, 2020, at around 02:05, the Defendant driven a DNA New Car under the influence of alcohol leveling 0.115% during blood alcohol level from around 600 meters to the front route of the petition-gu, Cheongju-si, Cheongju-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020; Act No. 17371, Dec. 10, 2020) concerning criminal facts and Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of a workhouse;

1. Scope of applicable sentences under the law for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment: Fines of 10 million won to 20 million won;

2. Determination of sentence: A fine of KRW 12 million (a favorable circumstance) is recognized by both the Defendant and the Defendant are divided.

The defendant alone supports the mother.

The defendant's drinking driving did not cause a traffic accident.

Although the defendant has been subject to criminal punishment for the same crime, the crime of this case leads to a long period of time exceeding 13 years from the time of the last criminal punishment.

[Unfavorable circumstances] The Defendant has already been punished twice due to drinking alcohol driving.

The defendant's vehicle driving distance is about 600 meters and is not short, and the alcohol concentration in blood is about 0.115% and is relatively high.

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