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(영문) 수원지방법원 2017.02.01 2016고단7038
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On February 3, 2012, the Defendant was issued a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at a flood control center on February 3, 2012, and on April 9, 2015, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for a crime of violating the Road Traffic Act (dacting driving) at the same court on April 9, 2015 and was sentenced to a suspended sentence of 3 years

On July 29, 2016, the Defendant, while under the influence of alcohol 0.108% during blood transfusion on July 23:53, 2016, driven a DNA car at a distance of about 30 meters from the Heng-gu Heng-si to the 486-17 front of the same 486-17, while driving a drinking again even though he/she was punished for drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, investigation report (verification of the same criminal records, etc. against the suspect), and judgment;

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

1. The fact that it appears to have recognized the error of choosing a punishment and reflect in depth, the driving distance is relatively short, the driving distance arrives in the vicinity of the parking place by proxy, but a substitute driver was returned due to his/her failure to find the parking space, and thereafter he/she was driving a short distance for parking;

The decision of fine shall be made only once in consideration of the fact that there is no other criminal record prior to the instant crime during the period of suspended execution, the fact that the mother or mother of the Defendant is in need of continuous medical treatment by undergoing the latest cancer surgery, and that there is appeal that there is no person to bear medical expenses or to attend the mother's parents

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

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