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(영문) 청주지방법원 제천지원 2018.01.09 2017고단374
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[criminal history] On November 15, 2012, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (dacting driving) at the Cheongju District Court’s Incheon District Court Branch on November 15, 2012, and on June 3, 2014, the Defendant was issued a summary order of KRW 1,00,000 as a fine for the same crime in the same court.

[Criminal facts] On November 7, 2017, the Defendant driven a B B typ car under the influence of alcohol level of about 0.062% while under the influence of alcohol level of around 0.062%, from around 211 to before the place of business of the feed located in the same Si, which is located in the same Si, New-dong from around 07:25, Cheongcheon-si.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

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

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The fact that there is a history of punishment twice as a crime of violating the Road Traffic Act (drinking) and is against it, and the fact that the alcohol concentration in blood is not high due to the fact that the previous drinking is controlled by drinking while driving at a drinking while drinking.

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