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(영문) 수원지방법원 성남지원 2017.03.15 2016고단4219

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 20, 2009, the Defendant received a summary order of KRW 2,50,000 from the Seoul Northern District Court to a fine for a violation of road traffic laws (drinking driving), and on November 10, 206, the Defendant received a summary order of KRW 700,000 from the same court as the same crime.

On November 24, 2016, at around 13:41, the Defendant driven a knife vehicle under the influence of alcohol content of 0.089% while under the influence of alcohol content from around 20km to around 117-2, Sungnam-si, Sungnam-si.

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A statement of the circumstances of the main driver and a report on the detection of the main driver;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a selective fine (such as the fact that there is no history of the crime of drinking for seven years or more, and that the blood alcohol concentration is relatively low, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;