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(영문) 전주지방법원 2016.11.15 2016고단1220

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

【Criminal Power】 On October 13, 2009, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on September 13, 2012, a summary order of KRW 3 million was issued in the same court as the same crime.

【Criminal Facts of Crimes” around 00:40 on July 18, 2016, the Defendant driven CM5 car under the influence of alcohol level of about 100 meters from the 100-meter section to the cM5 car under the influence of alcohol level of about 0.131% from the roads near Seog-dong, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu to the crogical road located in 12-8 of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on voluntary driving of a person suspected of violating the Road Traffic Act;

1. Report on the circumstantial statement of a drinking driver, the appearance, appearance, language, attitude and attitude of a drinking driver, the ledger using a drinking measuring instrument, and notification of the results of the regulation of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of a summary order of the same kind of suspect's power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The circumstances unfavorable to the defendant: The degree of his/her main records and two times, and the degree of his/her main records (0.131%) - The circumstances favorable to the defendant: the serious reflectivity, the degree of his/her suspension of execution or more, the last four years from the same criminal records, and the last four years from the same criminal records - The comprehensive requirements for sentencing under Article 51 of the Criminal Act;