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(영문) 의정부지방법원 2016.09.23 2016고단1851
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 18, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and on November 8, 2011, the Defendant was sentenced to a fine of KRW 8 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.

On March 29, 2016, at around 15:03, the Defendant driven the Clatera car under the influence of alcohol concentration of about 0.068% in the 5km section from the front of the drumdo cafeteria cafeteria, which is located in Yang-si, Yang-si, Yang-si, Seoul, to the front day of the Drumdo cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reporting on the situation of driving of alcohol, and reporting on the detection of drivers;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The punishment was imposed twice for the same criminal records. In particular, the punishment was imposed in 201 on August 28, 2009 by imprisonment with prison labor for refusal of drinking alcohol measurement and non-licenseed driving on or around January 14, 2010, and was subsequently executed on or around May 10, 2010, again, the crime of this case was committed by purchasing and operating a motor vehicle again on or around May 10, 201. The circumstances favorable to the Defendant committed the crime of this case during a repeated offense period: The Defendant’s depth reflects the degree of alcohol by recognizing the instant crime; the Defendant’s degree of alcohol in the blood of this case is relatively low; the Defendant’s driving of a water surface for at least ten hours, not immediately after drinking; the Defendant’s behavior and walking condition at the time of regulating the Defendant’s living, and the Defendant’s old and his family members support his family members.

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