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(영문) 전주지방법원 정읍지원 2016.07.19 2016고단223
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Power of crime] On August 10, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law at regular Eup support of the Jeonju District Court, and on September 27, 2010, the Defendant was issued a summary order of KRW 2.5 million for a violation of road traffic law at the Jeonju District Court’s Eup support of the Jeonju District Court. On January 7, 201, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (driving of alcohol) at the Jeonju District Court’s Eup support.

[2] Although Defendant 1 had had a history of driving alcohol twice or more as above, Defendant 1 driven C c c am while drunk is under the influence of alcohol with approximately 0.170% of alcohol content on the side of the 500 meters away from 142 meters away from the front side of the shooting restaurant located in the front side of the North west-gun, the North west-gun, the front side of the North west-gun, the front side of which was located in the 18:45 on May 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

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

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order causes a traffic accident while driving under the influence of alcohol even though the defendant had been punished twice as a crime of drinking, and that the defendant's blood alcohol concentration was significantly high at the time of driving, punishment corresponding to the defendant's liability is required.

However, the fact that the defendant reflects his/her mistake in depth, the fact that no personal injury has occurred as a traffic accident, etc. shall be considered as favorable to the defendant, and the age, sex and force of the defendant, circumstances leading to the crime, and before and after the crime.

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