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(영문) 의정부지방법원 2017.12.20 2017고단4226
도로교통법위반(음주운전)등
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 4, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on January 4, 2012, and on January 11, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on January

Although the Defendant had been punished twice due to drinking as above, on September 11, 2017, the Defendant driven B cargo vehicles without obtaining a driver’s license under the influence of alcohol content of about 3.4 km during blood while under the influence of alcohol content of about 0.052%.

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 report on the situation of the driver at the main place and investigation report;

1. Report on the circumstances of driving without a license;

1. Inquiries about licenses;

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

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 under Article 334(1) of the Criminal Procedure Act, was subject to criminal punishment for both drinking and unlicensed driving even in 2013.

In this case, drinking driving is three times.

It is necessary to punish a person in accordance with the purpose of the Road Traffic Act.

However, at the time of detection, alcohol concentration was not high in the blood, and the circumstances in which the preceding day after drinking alcohol was flicked, and the defendant was flickly against the present situation.

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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