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(영문) 청주지방법원 충주지원 2018.09.12 2018고단323
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Chungcheong District Court on February 16, 2007. On December 18, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on December 18, 2009. On May 23, 2013, the Defendant was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act (drinking driving) at the same court on September 26, 2014, and was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act (drinking driving) at the same court on September 28, 2015, and was released from the Chungcheong Detention House on October 28, 2015 and completed the execution of the said sentence on November 28, 2015.

[Criminal facts] On May 19, 2018, the Defendant driven a gallon car at approximately 500 meters away from the front road of Chungcheong City B to the front road of Chungcheong City C and D Middle Schools at approximately 0.144% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking control and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is not only many persons who have been punished for driving under drinking, but also the fact that the defendant again commits the same kind of crime during the period of repeated crime is disadvantageous to the defendant.

However, considering the fact that the defendant supports the elderly's reference (at least, materials that can reject such a claim of the defendant have not been submitted), that the driving force of the defendant's drinking was before 2014, that the defendant recognized the defendant's crime and reflected it, various sentencing factors as shown in the argument of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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