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(영문) 의정부지방법원 2017.12.13 2017고단4162
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 11, 2006, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on October 11, 2006, and was sentenced to a fine of two million won for the same crime at the same court on March 3, 2004.

On September 1, 2017, while under the influence of alcohol content 0.164% during blood transfusion, the Defendant driven the Dsch Rexton vehicle owned by the Defendant from the Friart parking lot located in Pyeongtaek-gun, Gyeonggi-do, to the roads in front of the Gyeonggi-do Pyeong-gun Pyeong-gun, Gyeonggi-do Pyeong-gun, the 3km section from September 1, 2017.

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. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the Defendant is driving under the third drinking, and the alcohol concentration in blood was very high.

However, the previous drinking driving in 2004, 2006, and there have been evis-off time between them.

A defendant shall not be subject to criminal punishment, except for fines.

In addition, there is a big reflection on the present.

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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