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(영문) 청주지방법원 충주지원 2018.10.30 2018고단488
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 history] The Defendant was issued a summary order of KRW 4 million in Seoul Northern District Court on July 17, 2013 for a crime of violating road traffic law (drinking driving), and on January 23, 2014 for the same crime at the Seoul Northern District Court.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a bicycle under the influence of alcohol level of approximately 0.073% in the 1km section from July 15, 2018 to the road in the same city-ro 92 and the road in the safe border country, Defendant 2 driven a bicycle under the influence of alcohol level of approximately 0.073% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. - The ledger of use of drinking instruments;

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

1. A survey report on actual conditions;

1. Criminal records: References to inquiries, investigation reports (reports attached to the summary order of the same kind of power), - Application of the summary order of the same power to Acts and subordinate statutes;

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. Determination of punishment by taking into account the reason for the crime of sentencing under Article 334(1) of the Criminal Procedure Act (not immediately driving after drinking, but drinking at the night immediately before and after drinking), the alcohol concentration in blood, crime history, and other sentencing conditions.

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