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(영문) 의정부지방법원 2017.11.08 2017고단3606
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On November 2, 2015, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 2, 2015, and on July 10, 2017, the Defendant requested a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

In this regard, the case where the defendant requested a formal trial is the 2017th ruling and the charge is the 1932nd ruling.

On August 3, 2017, the Defendant driven a Cpoter II truck under the influence of alcohol content of about 0.176% at a section of approximately 1.7 km from around 20-1, as in front of the Eup in the Switzerland located in Pyeongtaek-gu, Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City, the Defendant driven a Cpoter II truck with alcohol content of about 20-1.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

On June 20, 2017, the Defendant driven Cpoter 2, while under the influence of alcohol content of about 0.180% from the 4.5km to the front of the vinyl road located in 299, as from June 20, 2017, at around 23:35 to the 7th of the new market indoor end in the Dongwon-gun, Gangwon-gun, Seoul Special Metropolitan City, the Defendant driven Cpoter 2, while under the influence of alcohol content of approximately 0.180% from the blood alcohol level to the front of the greenhouse located in 299.

Summary of Evidence

"2017 Highest 3606"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: References to inquiries about criminal history, notification of the result of the processing of the case, investigation report (Attachment to the judgement, etc.)" 2017 High Court Decision 1932;

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. A written statement of the victim;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of the statutes governing copies of circumstantial statement reports

1. Article 148-2 (1) 1, Article 44 (1) (the occupation of driving under the influence of alcohol at the end of 3606 higher-ranking 2017), Article 148-2 (2) 2, and Article 44 (1) (the occupation of driving under the influence of alcohol at the end of 2017 high-ranking 1932 high-ranking 2017 high-ranking 2017) of the relevant Act on the grounds of criminal facts;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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