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청주지방법원 2012.10.11 2012고합259
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

[criminal power] On August 25, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court on August 25, 2009, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on May 30, 2012.

【Criminal Facts】

On June 27, 2012, the Defendant is the driver of the “C” motor vehicle, and driven the above motor vehicle at a level of about 500 meters from the front side of the main apartment in the Hodong-gu, Yeong-gu, Chungcheongnam-gu, Chungcheongnam-do without a motorcycle driver’s license to the front side of the new Dong-dong in the same Ri, which is located in the same Ri, due to the influence of blood alcohol by 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A police statement of D;

1. Statement on the circumstances of the driver, report on detection of the driver, and report on the actual status of the driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment prescribed for a crime of violating the Road Traffic Act due to a more severe punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant would not drive under the influence of alcohol again. However, the defendant already has a record of three times (two times after the full revision of the Road Traffic Act of May 31, 2005) or having been punished due to a drunk driving. In particular, the defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act and was sentenced to a fine of three million won before the lapse of two months after the judgment became final and conclusive, and in light of these circumstances, the defendant is driving under the influence of alcohol again before the lapse of two months.

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