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(영문) 의정부지방법원 2018.01.31 2017고단4939

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 29, 2006, the Defendant was sentenced to a summary order of 1.5 million won or more as a crime of violating road traffic laws (drinking), and a summary order of 1.5 million won or more as a crime of violating road traffic laws at the Seoul Central District Court on October 23, 2013, and was sentenced to a summary order of 1.5 million won or more as a crime of violating road traffic laws (drinking), respectively.

On October 17, 2017, at around 22:06, the Defendant driven B Poter cargo at approximately 5km section from the front side of the life-day in Gangdong-gu Seoul Special Metropolitan City to the front side of the king-si Seoul Special Metropolitan City (Seoul Special Metropolitan City), the blood alcohol concentration of which is 0.091%, while under the influence of alcohol, from around 22:06 to the front side of the king-si Special Metropolitan City.

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. A written appraisal of alcohol during blood;

1. Notification of the results of crackdown on driving alcohol (28 pages);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past 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 driving of the Defendant’s drinking on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment order shall be four times.

Although the defendant vindicates to the purport that the blood alcohol concentration was high due to a simple good, it is difficult to accept it easily.

It is necessary to make strict punishment in accordance with the purpose of Article 148-2 (1) 1 of the Road Traffic Act.

However, this is the first time to be prosecuted for the so-called Trijin-gu clause, that is, the alcohol concentration in blood was relatively high.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.