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(영문) 청주지방법원 충주지원 2018.01.09 2017고단907
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On July 26, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Changwon District Court's Changwon Branch's branch on July 26, 2013, and a fine of KRW 2.5 million for the same crime, etc. in the Changwon District Court's Jin branch on December 14, 2016.

[2] On November 12, 2017, around 06:30, the Defendant driven B K7 car under the influence of alcohol leveling 0.186% at approximately 50 meters from 7:0 to 12:0,000 to 2:00,000 to 2:00,000 to 2:00,000 to 2:00,000 to 2:00,000 to 2.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

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

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to the results of crackdown on drinking driving;

1. Relevant legal provisions on criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the act of drinking), the selection of fines [the Defendant] was punished by a fine of KRW 3 million due to a violation of the Road Traffic Act in 2013, and a fine of KRW 2.5 million due to the same crime in 2016, but again committed the instant crime. Thus, there is a risk of recidivism. At the time of the instant crime, there is a higher degree of alcohol concentration in blood, and thus, it is not good that the instant crime was committed.

However, the defendant confessions all of the crimes of this case and reflects their depth, and the defendant is sentenced to a fine at once in consideration of the fact that there is no criminal punishment exceeding the fine due to driving of drinking or driving without a license).

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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