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(영문) 청주지방법원 제천지원 2021.03.11 2021고단9
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a low-priced motor vehicle B.

On March 5, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (drinking driving), a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (drinking driving) on October 2, 2013, and a summary order of KRW 8 million in the same court on April 17, 2014 to a fine for a violation of the Road Traffic Act (drinking driving), respectively, on October 18, 2018, by the same court on October 18, 2018.

Nevertheless, at around 19:10 on December 14, 2020, the Defendant driven a B-hand car with alcohol content 0.060% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from the front side of the 19:10 on the 19.10-day F Bank in the city E from around 1.5km to the front cover distance of the F Bank in the city E.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated without a license.

Summary of Evidence

1. The defendant's legal statement G: The statement report on the situation of the driver at driving, notification of the results of crackdown on drinking driving, report on the occurrence of a traffic accident inquiry into the results of crackdown on drinking driving, report on the scene photograph of the accident, and the register of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation status (the confirmation of a person driving a motor vehicle or a person driving a motor vehicle);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the following circumstances; (b) the Defendant’s age, sex, family environment; (c) motive, means and consequence of the crime; and (d) the circumstances after the crime.

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