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(영문) 수원지방법원 성남지원 2017.01.11 2016고단3505

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

On July 11, 2011, the Defendant received a summary order of a fine of three million won or more for a crime of violating the Road Traffic Act at the Changwon District Court on July 11, 201, and a summary order of seven million won or more for the same crime at the same court on June 13, 201.

On October 22, 2016, around 12:28, 2016, the Defendant driven a clance car in the state of alcohol alcohol concentration of 0.149% while under the influence of alcohol in the blood, from the roads near Songpa-gu Seoul Metropolitan City, to the roads near Sung-gu Seoul Metropolitan City, Manam-si B.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notice of the result of crackdown on driving drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

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

1. Selection of a fine for selective punishment [the selection of a fine for negligence is erroneous and repented, the person's needs to repent in light of his/her specifications, the degree of alcohol concentration in the blood of the crime of violating the Road Traffic Act (driving) in 2011 was 0.05%, and the defendant's identity, etc.];

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 concerning the order of provisional payment;