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(영문) 의정부지방법원 2018.02.07 2017고단4981
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On December 1, 2008, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on December 1, 2008, and a fine of 1.5 million won for a crime of violating the Road Traffic Act at the same court on September 24, 2015, and was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act.

On October 16, 2017, around 20:454, the Defendant driven a B-hand car owned by Hyundai Capital-owned one with alcohol content of 0.162% in a state of being drunk from 800 meters to 38-4:00 square meters away from the south-ro, 27-o, Namyang-ro, 38-4.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. A written appraisal of alcohol during blood;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment order was that the Defendant engaged in the third drinking driving crime on this occasion.

It is necessary to severe punishment in accordance with the purpose of the Road Traffic Act.

However, the defendant has no particular criminal record except a fine related to the above traffic, and the defendant strongly expressed that he will not drive drinking in the future.

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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