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(영문) 수원지방법원 성남지원 2016.11.16 2016고단2911
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 23, 2014, the Defendant received a summary order of KRW 1,500,000 from the Suwon District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 700,000,000 from the Changwon District Court on May 18, 2007, respectively.

On September 16, 2016, at around 06:15, the Defendant driven a motor vehicle with low alcohol level 0.086% under the influence of alcohol, from around 2 km section to the roads adjacent to the Gyeongan river basin located adjacent to the Gwangju New Station in the same 165-2, the Defendant driven a motor vehicle with low alcohol level 0.086% under the influence of alcohol.

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to foreign crimes and investigation records, investigation records, investigation records, and investigation reports (Attachment to summary orders);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case is again committed even though a fine was imposed on two occasions due to a violation of the Road Traffic Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

However, considering favorable circumstances such as the fact that the blood alcohol concentration level of the instant crime is very high, the instant crime did not cause damage to others, such as traffic accidents, etc. due to the instant crime, and the fact that the Defendant misleads the Defendant and repents, the punishment as ordered shall be determined by comprehensively taking into account all factors of sentencing specified in the instant trial process, including the Defendant’s age, character and behavior, living environment, and circumstances after the crime.

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