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(영문) 청주지방법원 충주지원 2017.03.28 2017고단46
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On August 7, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million with the same court on November 11, 2014, respectively, for a crime of violating the Road Traffic Act (driving alcohol) at the Cheongju District Court.

[Criminal facts] On January 10, 2017, the Defendant driven C motor vehicles under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.115% from the 600-meter section to the front road of the Yongcheon Elementary School located in the same Eup/Myeon, from a spke on a sprink, where a lifeline located in the Geumbuk-gu, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes for investigation reports (verification of two-time records of drinking driving);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant has been punished for driving alcohol twice or more, and the alcohol concentration in blood is high.

The favorable circumstances: The confession, reflect, and the fact that there is no record of punishment that the defendant has been punished beyond the previous conviction for the same kind of offense, etc., and the sentence is imposed on the defendant's age, background of the crime, etc.: It shall be decided as per Disposition on the grounds of a fine of not less than 5

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