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Reasons
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(영문) 의정부지방법원 2018.02.23 2017고단5674
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 August 19, 2009, the Defendant was sentenced to a summary order of a fine of three million won or more due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act at the District Court on the same day, and on July 4, 2012, the same court was sentenced to a summary order of 3.5 million won or more due to a violation of Road Traffic Act by receiving a fine of 3.5 million won or more due to drinking.

On December 9, 2017, around 13:50, the Defendant driven a B-be truck under the influence of alcohol content of about 0.163% in the middle of approximately 2km from the 2km section of the blood alcohol level to the 4-5-5 U.S. Gam-dong Gam-dong Lyeong-gun, Gyeong-gu, Gyeonggi-do D-do D-do D-do D-do D-do D-do-do-dong-do-do-do-dong-do-dong-do-do-dong-do-dong-do-do

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of the driver who takes charge;

1. Response to a request for appraisal;

1. Notification of the results of regulating driving of drinking alcohol (14 pages);

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act with regard to the sentencing of the defendant at the time of the crime in this case, the blood alcohol concentration at the time of the crime in this case, the situation at the time when the defendant was punished for drinking prior to the previous conviction, the result of punishment, the time interval up to the crime in this case, the defendant's age, sex, environment, attitude after the crime in whole, etc. shall be determined as per the disposition.

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