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(영문) 의정부지방법원 2014.10.17 2014고단1902

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

On June 22, 2011, the Defendant was notified of a summary order of KRW 3 million by the Seoul Northern District Court for a violation of the Road Traffic Act. On December 2, 2011, the Defendant was notified of a summary order of KRW 5 million by the Seoul Northern District Court for a violation of the Road Traffic Act.

Although the Defendant violated the provision prohibiting driving under the influence of alcohol more than twice again, on May 17, 2014, at around 19:10, the Defendant driven a motor vehicle with Cromatic alcohol level of about 0.128% in the direction of about 20 kilometers from the restaurant in the mutual influence in Seocheon-si, Seoyang-si, Jyang-si, Jyangyang-si to the home flusium in 1447.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. A traffic accident report;

1. Before judgment: References to criminal records and investigation reports (attached to a summary order of the same kind) shall be applied by statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant’s blood alcohol concentration level at the time of driving under the influence of alcohol in the instant case is relatively high; (b) the Defendant was punished by a fine several times for the same kind of crime; and (c) the instant crime causes a traffic accident that conceals the rear part of the damaged vehicle waiting for the instant crime; (d) on the other hand, there are favorable circumstances, such as the confession and depth against the Defendant; and (e) the Defendant has no record of being subject to suspension of qualification or more severe punishment. In full view of these circumstances and other factors, the sentence of the same fine as the disposition is to be imposed.