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(영문) 청주지방법원 충주지원 2018.02.02 2018고단20
도로교통법위반(음주운전)
Text

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 December 18, 2012, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 1,00,000,000 as a crime of violating the Road Traffic Act, and on August 2, 2013, the Defendant received a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act (unlicensed Driving) from the Chungcheong District Court.

[Criminal facts] On December 10, 2017, the Defendant driven B Poter truck under the influence of alcohol level of about 0.097% at the section of about 20 kilometers before the Busan Facilities Corporation located in the Busan Shipping Daegu-do, from the Do front of the pen, which is located in the upper north-west of Busan Metropolitan City on December 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Requests for appraisal of alcohol concentration and response to requests for appraisal during blood;

1. A report on the detection of a primary driver;

1. On-site inquiry and one investigation report with respect to the ledger of driver's licenses (on-site report on the driver's license in the main place);

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal suspect's records);

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts, the applicable law regarding the selective punishment, and Articles 148-2(1)1 and 44(1) of the same Act, the choice of fines (the Defendant, who was punished by a fine in 2012 and 2013 due to drinking driving, committed the instant crime again despite being punished by a fine in 2012 and 201

However, the Defendant’s confessions all of the instant crimes and reflects their depth; the Defendant’s blood alcohol concentration at the time of the instant crime is not high; the Defendant was not subject to criminal punishment exceeding a fine as well as drinking and unlicensed driving; and the Defendant was not subject to criminal punishment for other crimes. Since it was not controlled by drinking after 2013, there is room for preventing recidivism by a fine to be imposed once in consideration of the fact that there is room for preventing recidivism by a fine alone).

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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