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(영문) 전주지방법원 남원지원 2018.02.20 2017고단249

도로교통법위반(음주운전)

Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 9, 2007, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on February 9, 2007, and a fine of KRW 1,50,000 as a fine in the Jeonju District Court Branch on July 25, 201.

On October 13, 2017, the Defendant driven a coo vehicle B while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.082% from the 100-meter section to the front road of a member of the National Assembly, who is in the use of the coo City of Namwon, around 22:10 on October 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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

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

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

Unfavorable circumstances - The Defendant had been punished for drinking driving two times as stated in its reasoning, but again committed the instant crime. favorable circumstances - The Defendant’s blood concentration level in the blood of the Defendant at the time of the instant case did not reach a very high level, and the distance of driving under drinking is also driving.

- There is no past record of criminal punishment imposed by the defendant for a crime related to road traffic law after 2011.