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(영문) 수원지방법원 2018.07.19 2018고단2859
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

The Defendant driving a motor vehicle under the influence of alcohol on August 5, 2006 (the issuance of a summary order of KRW 1.5 million at the Incheon District Court on November 10, 2006), driving a motor vehicle under the influence of alcohol on October 24, 2009 (the issuance of a summary order of KRW 3 million at the Incheon District Court on January 27, 2010), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

The Defendant, as seen above, was a person who violated the duty of prohibition on driving under the influence of alcohol twice or more on April 18, 2018, and was under the influence of alcohol at around 0.120% during blood transfusion on April 17:19, 2018, the Defendant driven Bho-do car from around about 500 meters in a section of about 50 meters from the roads near the Jicheon-ri dong Storage reservoir to the roads front of the Seocheon-ri Doncheon-si in the chancheon-si in the face of Chocheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Selection report of the occurrence of the case and photographs of control place;

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

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification report, such as drinking force, etc.) statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case is that the defendant, who has had a record of driving a drinking not less than twice in the case of the crime of this case, once or more, drives a second alcohol, and the nature of the crime is not exceptionally applied.

However, the defendant recognized the crime of this case and divided his mistake, and the driving records of the defendant's drinking driving force has passed for not less than 11 years from the date of the crime of this case and not less than 8 years, respectively, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and other circumstances that are conditions for sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.

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