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(영문) 의정부지방법원 2017.12.06 2017고단4071
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On November 23, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking) in support of the Sungnam-gu Friwon, and a fine of two million won as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on May 21, 2015.

On September 6, 2017, at around 22:00, the Defendant driven, from the front side of the aviation restaurant cafeteria to the front side of the framework convenience store in the same Eup, the Defendant driven, at approximately 500 meters away from the 500-meter section of alcohol alcohol content 0.115% under the influence of alcohol content, the Defendant driven a B Skman Sky Corsch Rexroth under the influence of alcohol content.

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 written inquiries about criminal history and other 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 Defendant’s driving of drinking alcohol for the reason of sentencing Article 334(1) of the Criminal Procedure Act, which led to four times as the instant case.

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

However, as stated in the previous record of the judgment, the defendant had not been punished for driving under drinking for a relatively long time not later than eight years before being discovered in 2015, and the defendant is not subject to criminal punishment more than a stay of execution.

In addition, there is a big conflict between the two.

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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