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(영문) 수원지방법원 2017.04.25 2017고단919

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 29, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Suwon District Court on August 29, 2008, and on May 22, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (drinking) from the Seoul Western District Court.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.067% during blood transfusion on February 2, 2017, driven a knive-in car from the Seoul Jung-dong to the front of the tunnel charge of No. 1 of 5-86 Namsan-dong, Jung-gu, Seoul, to the lower end of the tunnel charge of No. 1 of the same Gu.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol even though he violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry, a copy of a summary order, 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case; the defendant did not cause other damage, such as traffic accidents, etc.; the defendant's blood alcohol concentration was not high; the defendant did not have any history of criminal punishment for committing a crime exceeding a fine since 1999; and the defendant was punished as a crime of violating the Road Traffic Act (driving) once in 2008 and 2013, and had been repeatedly driven for a short period of time.

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