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(영문) 전주지방법원 2017.06.20 2017고단601

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 3 million at the Jeonju District Court, on April 16, 2008, with a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), and on February 4, 2010, with a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving).

On March 19, 2017, the Defendant driven approximately one meter from Cpoter II cargo vehicle while under the influence of alcohol content of 0.144% at the front parking lot of the 2nd apartment of the 2nd apartment of the 103rd Jinjin-gu, Jinjin-gu, Jin-gu, Seoul, about 21:10.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The place where the defendant driven the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is an apartment parking lot, and the driving distance at the time of the instant driving is about 1m. On the other hand, the defendant's vehicle was parked at the place at the request of the defendant. On the other hand, while the substitute driver driven the defendant's vehicle at the seat of the North west-gun, the defendant's dwelling place, he was changing the destination to 103 multi-unit apartment houses at the front-ro, Young-gu, Seoul. While the substitute driver driven the defendant's vehicle at the seat of the North west-gun, the defendant's dwelling place was changed to 103 multi-unit apartment houses at the front of the destination, and drinking alcohol to his relative.

The contact had been made, the vehicle parked by the substitute engineer was parked again by the defendant while driving again, so that the defendant was deprived of driving of drinking, and the defendant was punished twice by a fine due to drinking driving, etc. in the past, and is punished twice by a fine.