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(영문) 청주지방법원 2018.09.06 2018고단1255
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

【The Defendant issued, on November 9, 2007, a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic laws (drinking driving), KRW 1,50,000 as a fine for a violation of road traffic laws (drinking driving) at the Cheongju District Court on March 30, 201, and KRW 6,00,000 as a fine at the Cheongju District Court on July 5, 2013, to a violation of road traffic laws (drinking driving).

【Criminal facts” From May 25, 2018 to May 25, 2018, the Defendant driven a Drocketing car under the influence of alcohol content of approximately 0.096% in the 1km section before the C church, while under the influence of alcohol at around 1km, from around the restaurant in which the trade name in Geumcheon-dong, a considerable amount of Geumcheon-dong, is unknown.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation, etc. of such previous history), text of judgment, and each summary order Acts and subordinate statutes;

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The fact that the defendant had been punished twice or more due to drinking driving, the fact that the defendant's blood alcohol concentration was relatively high at the time of the crime in this case, the confessions and reflects that he had been punished more, there is no history of punishment more than a suspended sentence, the family members and supporters want to have the defendant's wife against the defendant and dispose of the motor vehicle.

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