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(영문) 청주지방법원 제천지원 2015.08.27 2015고단273
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On August 25, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) in Gyeyang-gu District Court on March 25, 201, and a summary order of KRW 1.5 million for the same crime at the Seoul Southern District Court on March 4, 2013.

【Criminal Facts】

On May 8, 2015, at around 19:55, the Defendant driven a B-purd vehicle with a blood alcohol concentration of about 0.073%, while under the influence of alcohol at approximately 150 meters from the Do in front of the Do in the same city as the Do in the city of Dacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Control note;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same criminal records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant committed the crime of this case, even though he had the record of punishment twice due to drinking driving, is disadvantageous to the defendant. The defendant led to the confession and reflect of the crime of this case. At the time of the crime of this case, the defendant's blood alcohol concentration level was not higher than that of the defendant at the time of the crime of this case, and it is favorable to the defendant that there was no criminal record other than the fine due to drinking driving two times.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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