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(영문) 인천지방법원 부천지원 2016.06.10 2016고단564
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 November 21, 2006, the Defendant received a summary order of KRW 2.5 million for a violation of road traffic law (drinking) from the Busan District Court Branch on November 21, 2006, and on October 11, 2007, the same court received a summary order of KRW 3 million for a violation of road traffic law (drinking).

On December 19, 2015, at around 00:25, the Defendant driven a B K5 vehicle under the influence of alcohol with a distance of about 200 meters from a place where it is impossible to identify a place not exceeding 00:25 to a place where it is impossible to identify a place not exceeding the emuli of the Eup in the village of Kimpo-si, Kimpo-si to the front road of an apartment house in the old-dong-dong, the same city.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The circumstantial report on the driving of a brewing engineer;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, written investigation report (Attachment to a summary order), and a copy of each summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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