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(영문) 의정부지방법원 2017.01.06 2016고단3129
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On July 22, 2010, the Defendant was sentenced to a summary order of one million won or more for a crime of violating road traffic laws at the Jung-gu District Court on July 22, 2010; on May 26, 2014, to a summary order of four million won or more for the same crime at the same Seoul Western District Court on May 26, 201, respectively; on December 18, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor at the Jung-gu District Court on December 18, 2014; and on the 27th of the same month, the said judgment became final

[2] On July 23, 2016, around 09:25, the Defendant driven a BNscoo car with approximately 90km alcohol level of about 0.064% from the 90km section to the 82nd road in the city of Jung-si, 1298, Seocheon-si, 39-6, Seocheon-si, Seocheon-si, 172, and then driven a BNscoo car under the influence of alcohol level of about 90km from the 90km section to the 82nd road of Seo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as indicated in the judgment];

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of the same type of electricity and the period of suspension of execution);

1. Article 148-2 (1) 1 and Article 44 (1) (Selection of a punishment) of the relevant Act and Articles 148-2 (1) 1 and 44-2 (1) of the Traffic Act that select a type of 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 that the defendant is subject to severe punishment in that he/she has driven the same kind of drinking during the period of suspension of execution due to a violation of the Road Traffic Act due to driving of alcohol (the period of suspension of execution is limited to the day of the sentence). However, the pertinent driving of alcohol in this case is subject to a fine only once in light of the following reasons: (a) the driving of alcohol in this case is controlled when he/she drives the alcohol in a state of low drinking and under the short drinking; (b) the driving of alcohol in this case is controlled when he/she drives the alcohol in a state of low drinking; (c) the driving of the alcohol in this case was controlled in order to let children on board the military; and (d) the numerical value of alcohol was not high.

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