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(영문) 의정부지방법원 2018.02.23 2017고단5572
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 8, 2010, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the Seoul Central District Court, and on June 25, 2015, the Defendant was issued a summary order of 4 million won for the same crime.

On November 19, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 100 meters from around 09:29 to the road located at the same time 374 via the bypassing of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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

1. Selection of an alternative fine for punishment;

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 of the Provisional Payment Order is the third driving of the instant drinking.

It is necessary to severe punishment in accordance with the purpose of the Road Traffic Act.

However, at the time when the defendant was controlled, but the circumstances in which the preceding day was not known as the defendant's argument, such as the defendant's argument, were peeped.

Nevertheless, while the blood alcohol concentration is very high, it is judged that the defendant was disadvantageous to the defendant, it is favorable to the defendant that he/she was not subject to criminal punishment other than the punishment of a fine, such as the above drinking.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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