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(영문) 의정부지방법원 2017.11.15 2017고단3731
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 5, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million, and on March 4, 2013, a summary order of KRW 3.5 million from the Incheon District Court to a violation of the Road Traffic Act (drinking driving).

On August 14, 2017, the Defendant driven a Bcoon car in the state of alcohol alcohol 0.082% of alcohol content from the 1km section of approximately 1km to the 97th road in Guri-si, Siri-si, Siri-si, Siri-si, Siri-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports (attached reporting, such as a copy of summary order);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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 sentencing of Article 334(1) of the Criminal Procedure Act was crackd into drinking driving on three grounds.

In accordance with the purpose of the Road Traffic Act, strict punishment is required.

However, the defendant does not have any particular criminal record except in the judgment, and the interval between two drinking drivers is relatively long.

Currently, the defendant is currently going against.

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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