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(영문) 의정부지방법원 2017.06.21 2017고단1510
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 8,000,000.

Where the above fine is not paid by the defendant, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 12, 2009, the Defendant received a summary order of one million won or more due to a violation of the Road Traffic Act (drinking driving) from the Chuncheon District Court, and on April 30, 2014, the Defendant received a fine of five million won or more due to a violation of the Road Traffic Act (drinking driving) from the Chuncheon District Court.

Although the Defendant had failed to comply with the provision prohibiting driving of alcohol twice or more, on March 28, 2017, in violation of the provision, the Defendant driven the B-low vehicle owned by the Defendant under the influence of alcohol of about 0.078% in the front of the 20M road in front of the luminous area located in the luminous area where two or more times of a violation of the provision prohibiting driving of alcohol.

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 driving at home;

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 investigation report (Attachment to a copy of summary order);

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, even though the defendant was punished two times or more for driving under drinking, again, leading to the crime of drinking under the influence of alcohol, shall be subject to criticism.

Provided, That the punishment as ordered shall be determined by taking into consideration the fact that the defendant is in depth, and the age, sex, environment, attitude after committing the crime, etc. of the defendant.

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