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(영문) 수원지방법원 2017.09.19 2017고단4009
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 27, 2011, the Defendant received a summary order of KRW 1,50,000 from the Seoul Northern District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and on May 22, 2012, a summary order of KRW 2,00,000 as a fine of KRW 2,00 for the same crime from the Seoul East East District Court.

On June 8, 2017, around 01:12, the Defendant driven BM5 car while under the influence of alcohol concentration of about 0.096% in blood at approximately 300 meters from the Tyang-dong in Seoul Special Metropolitan City to the 72-way roads of the same Gu.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to previous written judgments);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant’s blood alcohol concentration is not high; the Defendant did not cause other damage, such as traffic accidents; the Defendant was punished twice as a crime of violating the Road Traffic Act (driving). Since 2012, there is no particular history of criminal punishment.

(1) [Unfavorable circumstances] Although the Defendant had been punished twice due to drinking driving, the instant crime is under the influence of alcohol with 0.096% alcohol concentration in the blood during the same time.

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