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(영문) 수원지방법원 성남지원 2016.08.12 2016고단1569
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 25, 2014, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act from the Gwangju District Court on February 25, 2014, and a summary order of a fine of 1.5 million won for the same crime from the Sungnam support of the Suwon Friwon, on February 19, 2016.

On May 7, 2016, around 00:30, the Defendant driven DK 3 automobiles under the influence of alcohol with approximately 14km alcohol content 0.122% from the roads near Echeon-si, Leecheon-si, Leecheon-si to the 676th road in the Gyeonggi-si, Gyeonggi-do.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Response to a request for appraisal;

1. Before judgment: Application of a written reply to inquiry, such as criminal history, (A), 1 copy of a summary order of 155, 155, 2016, and 1 copy of the summary order of 2014, 1921, 201;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime on the grounds that the Defendant had been punished for the same kind of crime two occasions, and in particular three months have not passed since a summary order was issued.

Furthermore, in light of the defendant's occupation, drinking level, danger of drinking driving, etc., the defendant's behavior is very criticized.

However, the defendant's disposal of the motor vehicle, etc. in this case is divided into a truth, and it is against the defendant's will, and the defendant's branch wishes to do so for the defendant.

In full view of the circumstances that serve as the conditions for sentencing specified in the records of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of committing a crime, and circumstances after committing a crime, the driver shall not drive drinking again.

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