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(영문) 청주지방법원 충주지원 2017.05.12 2017고단286
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 April 16, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Support on the Cheongju District Court. On September 3, 2009, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with prison labor for the same crime at the Cheongju District Court.

[2] On April 2, 2017, at around 02:43, the Defendant: (a) driven a benz car under the influence of alcohol with a maximum alcohol content of 0.181% at a section of about 100 meters, starting on the front of a new glar loan with a large number of 12-lane 32,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. Notice of the result of crackdown on driving drinking;

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

1. On-site photographs;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions: Inquiry of 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 concerning criminal facts (a) of the Act on the Road Traffic, inasmuch as the Defendant committed the instant crime even though he/she had been subject to punishment for driving under drinking alcohol once by driving under influence, one-time imprisonment with prison labor, or one-time suspension of execution of imprisonment with prison labor, the risk of recidivism is high, and thus, the Defendant is seriously punished. However, the Defendant shall be punished by a fine in a lump sum, taking into account the following: (a) the confession of and his/her depth against the Defendant; and (b) the fact that the final crime was committed in the past seven years prior to

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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