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(영문) 의정부지방법원 2017.10.18 2017고단3153
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 15, 2007, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (drinking), and a fine of 5 million won due to a violation of the Road Traffic Act at the same court on December 7, 2015, respectively.

On June 30, 2017, at around 20:24, the Defendant driven approximately 800 meters of alcohol content from the front of the C cafeteria located in the D Corwon-gun B to the front of the D Z located in B, while under the influence of alcohol by at least 0.140% of alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant drinking driving once again after punishing two-time driving of drinking, and again, committed the instant drinking driving. The alcohol concentration in blood was high.

However, one time while driving two times of drinking is prior to about 10 years.

Although the alcohol concentration in blood was very high at the time of regulating the operation of the immediately preceding drinking, the defendant was sentenced to a summary order of five million won or more, on the other hand, there is no record of criminal punishment for the defendant except a fine due to the driving of the above drinking.

In addition, the number of times is being remarkably divided.

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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