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(영문) 청주지방법원 충주지원 2017.06.13 2017고단367
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 Experience] On April 6, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court’s Support on the Cheongju District, and a fine of KRW 5 million as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act (drinking) at the same court on November 22, 2013.

[2] On April 6, 2017, the Defendant driven a cub car in B while under the influence of alcohol content of about 0.154% from the 10km section up to the 1252-way road in front of the 42-day Seoul Audio-gun Audio-gun Audio (hereinafter referred to as the “Audio-gun”) on April 6, 2017, when driving a cub car in front of the 42-day Audio-gun Audio-gun Audio.

As a result, the defendant, who has been punished not less than twice due to a violation of the Road Traffic Act, was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the occurrence of a traffic accident;

1. All on-site photographs;

1. Notification of the results of regulating drinking driving;

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

1. A survey report on actual conditions;

1. The register of teas and driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on binding of the relevant list of cases, and summary order;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (a) of the same Act on criminal facts of this case (a) on the ground that the Defendant committed the crime of this case, even though he was sentenced to respective fines due to drinking driving in 2009 and 2013, he/she again committed the crime of this case; however, the risk of recidivism is high since the Defendant committed the crime of this case; however, the Defendant confessions all of the crimes of this case and reflects depth; and the Defendant has not been punished beyond the fine due to the same kind of crime)

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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