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(영문) 의정부지방법원 2017.06.27 2017고단636

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of one million won at the Seoul Northern District Court on June 10, 2009, on the condition that he/she driven a motor vehicle with a alcohol content of 0.129% in blood on May 26, 2009, and was sentenced to a fine of one million won in the status of 0.120% in alcohol during blood on September 6, 2016, and was charged with a summary charge of KRW 3 million in a fine of three million on September 13, 2016 and currently has a record of driving a motor vehicle under the influence of alcohol at a trial at the Korean Government District Court.

On October 30, 2016, the Defendant obtained a driver’s license for a motor vehicle on or around 07:10, and driven a motor vehicle on the road of about 50 meters at approximately 50 meters away from the 17th street to the south-si in Gyeonggi-do, Gyeongyang-si, the alcohol content of which is 0.072% in alcohol during blood, to the 41st street in the south-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver's license in the main place;

1. A driver's license inquiry;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 334(1) of the Criminal Procedure Act provides that the defendant with the reason for sentencing of the sentencing of Article 334(1) of the Provisional Payment Order has two times the driving skills of drinking, not only the driving of drinking, but also the driving without a license. However, although the alcohol concentration in blood at the time of the instant case was relatively higher than 0.072%, the driving distance was only about 50 meters, and the driving distance was only about 50 meters, a fine is selected in consideration of the defendant’s age, sex, environment, circumstances after the crime, etc., and the punishment is determined as per the order.