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(영문) 수원지방법원 평택지원 2015.02.05 2014고단1856

도로교통법위반(음주운전)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On May 14, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the support of the Daejeon District Court on May 14, 2008. On June 26, 2008, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violation of the Road Traffic Act in the Suwon District Court on the ground of the crime of violation of the Road Traffic Act. On June 23, 2011, the Defendant was sentenced to one year for a remaining assault, etc. at the Suwon District Court on February 1, 201, and completed the execution of the sentence in the Gwangju District Court on February 1, 2012.

【Criminal Facts】

On November 22, 2014, at around 01:40, the Defendant driven a C-wing truck with a blood alcohol content of about 0.219% under the influence of alcohol at approximately 5km from the front of Pyeongtaek-si B to the front of the Korea Industrial Complex located in the same Si-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and report on the state of drinking driving;

1. Previous records: Application of criminal records, inquiry reports, written judgments, personal identification and confinement status Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there are several previous divisions like the criminal records in the judgment of the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the criminal liability of the defendant who drives a drinking alcohol due to high drinking alcohol during the period of repeated crime is not sufficient and there is a need for the corresponding punishment.

However, it is ordered that the defendant was not a repeated offender with the previous department, but has passed since the previous department had been more than six years, the vehicle has been scrapped as a result of the failure to repeat the crime, and the defendant's health condition, etc. suffering from disease such as the victim of the physical disability, etc. shall be selected as a fine only once in consideration of the fact that the defendant was a repeated offender