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(영문) 의정부지방법원 2017.09.05 2017고단1243
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On June 17, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on the same day, and on July 26, 2012, a summary order of KRW 4 million for the same crime was issued by the same court and the same criminal record was added once more.

On March 4, 2017, around 00:28, the Defendant driven a Cystren motor vehicle under the influence of alcohol content of approximately 0.069% of alcohol while driving a Cystren motor vehicle with approximately 3 kilometers of alcohol content on the road in front of the East-gu Seoul Metropolitan City Office, 111, located in the same city-gu, Chungcheongnam-dong, Chungcheongnam-gu, Seoul Metropolitan City Office.

As a result, the Defendant, who was punished under the influence of alcohol more than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime under the relevant Act and the selection of a fine;

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

1. Reasons for and unfavorable circumstances of sentencing under Article 334(1) of the Criminal Procedure Act: The driving of alcohol before and after drinking, and conditions favorable to three times: The fact that the degree of alcohol content in blood at the time of the instant case is not relatively high by 0.069%, and the decision of a sentence and the sentence are contradictory: Other factors of sentencing specified in the instant trial, such as the Defendant’s age, sex and behavior, environment, motive for committing an offense, and circumstances after committing an offense, shall be considered;

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