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(영문) 의정부지방법원 2018.05.29 2017고단4497

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On September 21, 2012, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on April 9, 2013.

Criminal facts

The Defendant driven a motor vehicle under the influence of alcohol on August 23, 2012 and March 30, 2013, and driven BM5 motor vehicle under the influence of alcohol at least twice, and driven BM5 motor vehicle under the influence of alcohol on September 17, 2017, from September 17, 2017 to September 3, 163, 163, a 377 Effalalalalington in the south-si of Gyeonggi-do, Gyeonggi-do, Seoul-do, to the road front of the flown pump.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. 가납명령 형사 소송법 제 334조 제 1 항 양형의 이유 피고인에게 음주 운전 전과 2회 있기는 하나, 혈 중 알콜 농도 0.081% 로 비교적 높지 않은 점, 이 사건 당시 전날부터 당일 새벽 1:30 정도까지 마신 술이 어느 정도 깼다고

In light of the fact that driving of a vehicle at around 10:50 and the intention of the vehicle at around 10 did not neglect the intention of the vehicle at the time of the control, the driver had weak the degree of intention of the vehicle at around 0:0 in light of the fact that the defendant's speech and walking conditions are good, the blood color was very red, and the alcohol concentration at the time was 0.081%.

I am to select fines, taking into account the reflections and the absence of the same criminal records as the suspension of execution.