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(영문) 의정부지방법원 2017.11.08 2017고단3512

도로교통법위반(음주운전)

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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.

Reasons

Punishment of the crime

On October 15, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for the same crime at the Seoul Central District Court on October 27, 2009, and a summary order of KRW 5,00,000 for the same crime at the Jung District Court on April 26, 2012, respectively.

On July 8, 2017, the Defendant driven BMW X6 automobiles under the influence of alcohol with approximately 0.058% alcohol concentration from around 1k to around 111, a 225-ro o, o, o.b., o. 225, o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o., o.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Notification of the results of regulating drinking driving;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate 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 Defendant had been sentenced to a fine pursuant to Article 148-2(1)1 of the Road Traffic Act, which, even in 2012, has already violated the same provision as that applied to the facts charged in the instant case, i.e., the prohibition of drinking at least twice, and is subject to more severe punishment if he/she again violates the provision.

Although five years have passed since then, it is inevitable to see that the state has reached a driving under the influence of alcohol without a lack of awareness.

However, the alcohol concentration in blood was not high, and the defendant is remarkably divided, and there is no other criminal punishment than driving of alcohol.

(2).