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(영문) 의정부지방법원 2017.05.10 2017고단121
도로교통법위반(음주운전)
Text

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

Where the above fine is not paid by the defendant, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 19, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act from the Jung-gu District Court on December 19, 2008 and a fine of KRW 500,000 for a crime of violating the Road Traffic Act at the Jung-gu District Court on December 26, 2012.

On December 5, 2016, the Defendant, who violated two or more times the prohibition of driving under the influence of alcohol, driven Cho-do in the state of under the influence of alcohol 0.123% of alcohol concentration on the road section of approximately 100 meters in front of Dongdu City, Do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of inquiry records, such as criminal history, and investigation reports (formers and confirmations) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 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 with regard to the order of provisional payment is that even if the defendant was punished for driving two times, it is inevitable to punish him/her again to lead to the instant crime.

However, the defendant's age, family relations, background leading to the crime, attitude after the crime, etc. shall be punished by a fine only once, and the punishment shall be determined as ordered.

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