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(영문) 수원지방법원 2018.01.16 2017고단7285

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 24, 2006, the Defendant issued a summary order of a fine of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Cheongju District Court on the grounds of a violation of the Road Traffic Act, and on June 7, 201, a summary order of KRW 2 million to a fine for the same crime from the Gunsan Branch of the Jeonju District Court on the grounds of the same crime.

On November 7, 2017, the Defendant driven B K7 cars under the influence of alcohol content of about 0.09% in blood while under the influence of alcohol at approximately 500 meters from the front of the Suwon Central Hospital, which was inciting the right line at Suwon-si, to the front day of the water source viewing in Suwon-si, Suwon-si, Suwon-si, to the front day of the water source viewing.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report;

1. Notification of control results;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to an investigation report (verification of criminal records of the same kind);

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, the Defendant’s blood alcohol concentration is not high, the Defendant did not cause other damage, such as traffic accidents, etc., and the Defendant was punished twice due to a violation of the Road Traffic Act (driving) and did not have any specific criminal record (in particular, the Defendant has no record of criminal punishment after around 201), and the Defendant’s health status is not good, and the surrounding persons are prior to the Defendant.