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(영문) 의정부지방법원 2017.09.20 2017고단2288

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 3, 2014, the Defendant was sentenced to a fine of seven million won as a crime of violating the Road Traffic Act (drinking driving) by the District Court of the Republic of Korea.

On May 10, 2017, the Defendant driven Bunst Motor Vehicle at a section of approximately one kilometer up to the front road of the Cheongcheon-si Office located in the Gun, Seocheon-si, in the state of alcohol of 0.118 percent of alcohol content among blood transfusion around 15:47.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and the text of the judgment attached thereto;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the 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’s crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is driving under the second drinking.

Before the ruling, the alcohol concentration of the defendant's blood was 0.265% of the blood of the defendant.

It is necessary to make strict penalties.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant does not have any criminal punishment unlike a fine related to traffic, the fact that the defendant is currently pening in depth, the age, sex, environment, attitude after the crime, etc. of the defendant.