(영문) 전주지방법원 군산지원 2018.06.22 2018고단463

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2018.06.22 2018고단463

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On September 2, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court on September 2, 201, and on June 2, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) with the Jeonju District Court’s military support.

[2] On March 31, 2018, Defendant 1, who violated Article 44(1) of the Road Traffic Act more than twice as seen above, driven Bbenz automobiles with approximately 10 meters alcohol concentration at the section of about 0.142% in blood, from the front road of the 22:57 Sinsan Sinsan, to the front road of the public health clinic located in the same Dong, from March 31, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous records of judgment: Investigation report (verification of criminal records of the same kind of crime) and application of two copies of the relevant judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (excluding punishment) 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment had already been punished by the defendant for driving under the influence of alcohol twice, the defendant was already subject to punishment for driving under the same case, and the alcohol level in bloods also belongs to high level. However, the defendant has no record of being punished by a fine more than a fine, and the defendant was punished for driving under the influence of alcohol seven years before he was punished for driving under the influence of alcohol, and there is no record of being punished for driving under the influence of alcohol until the case in this case. Since the defendant recognized the crime, it is against the defendant, the defendant is sentenced to a fine only once in consideration of

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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