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(영문) 전주지방법원 2017.12.05 2017고단1476
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 7, 2012, the Defendant received a summary order of KRW 3 million from the Jeonju District Court to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the same court on October 16, 2013 to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act.

On July 14, 2017, the Defendant, while under the influence of alcohol leveling 0.090% from blood, driven DK5 vehicles at approximately 4 km from the 4km section in front of the East-gu Geumjin-gu, Jeonju-gu, Jeonju-si, Seoul, to the front road in Geumjin-gu, Jeonjin-gu.

Accordingly, the Defendant, while under the influence of alcohol, was driving a motor vehicle more than twice and was driving a motor vehicle again as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Notification of the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (referring to a report on the previous conviction and confirmation thereof) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of fines concerning the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is a criminal record for which the defendant was punished by a fine due to drinking, and the driving of drinking even during the current period of probation, and on the other hand, it appears that the defendant misleads the defendant that he was locked and drives to the extent that he was locked, and considering various circumstances, such as the defendant's age, occupation and living environment, and driving distance, etc.

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