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(영문) 청주지방법원 충주지원 2020.01.10 2019고단708
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 3, 2010, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Chungcheong District Court.

On September 23, 2019, at around 11:10 on September 23, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.069% while under the influence of alcohol from the section of approximately 2.7km from the street in front of the Chungcheongnam-gun B apartment Co., Ltd through the same Eup to the luxed off-clux road of the same Eup.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. A traffic accident report (1) (2);

1. Criminal records: Application of criminal records, reply reports, and summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentence shall be imposed in consideration of the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act, the background leading up to the crime, blood alcohol concentration, the period of recidivism, the records of the crime (not less than once the previous offense of a fine for sound driving), circumstances after the crime, and other conditions of sentencing.

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