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(영문) 수원지방법원 안양지원 2014.07.24 2014고단896

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

On April 17, 2008, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 17, 2008. On June 18, 2007, the Busan District Court received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving).

On May 7, 2014, at around 00:45, the Defendant driven a motor vehicle in the low-priced Pharmaco, while under the influence of alcohol level of 0.139% in the vicinity of the Taecheon-si, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, was sentenced to a fine for drunk driving twice in 2007 and 2008, and in 2010, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for refusal of drinking measurement.

Nevertheless, the defendant is driving under the influence of alcohol again while the drinking water is considerably high, and the quality of the crime is not weak.

The prosecutor acting on behalf of the public prosecutor requested a summary order of KRW 7 million for the instant case, but was later referred to the public trial.

However, the above previous convictions of the defendant are not the recent one, but the facts charged by the drinking driver twice or more times again, and the amount of drinking alcohol of this case is relatively low compared to the ordinary drinking water of the case held in this court, the defendant led to the confession of the crime and reflects his mistake, and the defendant seems to support his family, such as his wife and the first grade of high school.

In addition, the sentencing sentence of the same case as the case of the prosecutor's old punishment (7 million won) is applied.