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(영문) 춘천지방법원 강릉지원 2017.04.26 2017고단140
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On August 26, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of road traffic law (drinking driving) from the Gangnam Branch of the Chuncheon District Court, and on November 26, 2009, issued a summary order of KRW 700,000 as a fine for the same crime in the same court.

On January 31, 2017, the Defendant driven a B-pubed vehicle with approximately 3km alcohol concentration of about 0.094% in blood, from the section of approximately 3km from the 3km-ro to the road near Gangseo-si, Gangnam-si, Seoul, to the 3rdle-ro 3rd (west-dong).

The Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition clause on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. All on-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and of Acts and subordinate statutes on investigation reporting;

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

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 on the Criminal Procedure of the Provisional Payment Order shows that the driving of the instant drinking is in contravention of the necessity of the strict punishment that would last three times, and that the driving of the first and second drinking was repeated in the short term in the same year. The second and second drinking was repeated in the short term in the same year, taking into account the time interval between the driving of drinking and the instant crime, the pertinent drinking alcohol, the impact of the instant punishment on the Defendant’s workplace, the Defendant’s family environment and support relationship, etc., the Defendant’s punishment will be decided to take the last place of the fine at once, and the Defendant’s punishment is determined as ordered.

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