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(영문) 전주지방법원 군산지원 2017.06.14 2017고단393

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 29, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court. On July 26, 2010, the Defendant was issued a summary order of KRW 4.5 million for the same crime in the same court.

On April 4, 2017, the Defendant driven CK7 car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.211% from the 100-meter section from the front of a business establishment where it is impossible to identify the trade name in the Sinsan Sinsan Campaign, which is located in the same Sinsi University to the front of the Gelim house located in 384.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of appraisal of alcohol concentration in blood and the control of drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the past records of the same kind of crime), and a copy of a summary order;

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

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

1. The Defendant, who had been punished twice due to driving of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, repeats driving of alcohol. However, there were circumstances to consider in the process of committing the instant crime, there was no record of being sentenced to a fine exceeding the same kind of crime, and other circumstances that form the condition for sentencing, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as per Disposition by taking into account.