(영문) 의정부지방법원 2017.10.18 2017고단3317



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

If the defendant does not pay the above fine, 100,000 won shall be one day.


Punishment of the crime

On September 7, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on April 2, 2012, a summary order of KRW 1.5 million for the same crime at the Seoul District Court's Seoul District Court.

On July 14, 2017, 02:30, the Defendant driven B rocketing vehicles with alcohol content of about 0.142% at the 13km section of alcohol on the 650-day road, Seoyang-si, Namyang-si, Seoyang-si, Seoyang-si, Seoyang-si, and the 889-1st day road.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was that the Defendant’s blood alcohol concentration at the time of driving the instant drinking was very high.

It is necessary to severely punish the driving of the drinking of this case, which has already been punished for two times as before the judgment.

However, there is little time gap between the previous two drinking driving and the drinking driving of this case, and the defendant has no other criminal punishment except the fine in the above decision.

In addition, it is often divided.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.