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(영문) 수원지방법원 평택지원 2018.02.08 2017고단1941

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

[criminal history] On March 4, 2010, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating road traffic law at the Suwon District Court’s Eunpyeong District Court’s Li-gu, and a fine of KRW 3.5 million for the same crime at the same court on September 16, 2014.

[2] On September 2, 2017, the Defendant driven a vehicle with a alcohol level of about 0.089% at approximately 100 meters from the 100-meter section of alcohol level to the 1-3rd road of Eup in the same city from the front of the “a public bus terminal in the inside of Pyeongtaek-si” in the Eupn-si around 01:35, an Eupn-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of crackdown on drinking driving, and appraisal report on alcohol during blood;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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 sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- There is a history of punishment twice for the same crime, provided that the driving of the drinking of this case does not cause any other traffic accident. - Defendant has no history of criminal punishment other than fines on two occasions. - Defendant is at the risk of losing his/her workplace for a long period of time when he/she is sentenced to a suspended sentence or higher, and is against his/her mistake.