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(영문) 의정부지방법원 2018.02.14 2017고단5116
도로교통법위반(음주운전)
Text

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 October 15, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Northern District Court, and on April 26, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Jung-gu District Court on April 26, 2013.

On November 12, 2017, around 05:07, the Defendant driven a BCC 2.0 TDI BP car with approximately approximately 100 meters distance from the 97 U.S. Mari-ro 103 U.S. Gari-ro to the 25 U.S. Dori-ro 103 U.S. Dori-ro 25.04% alcohol concentration in blood.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence 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 the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes attaching the same electric power judgment;

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 sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is based on the following factors: (a) the defendant’s blood alcohol concentration at the time of the crime in this case; (b) the frequency of punishment for the previous drinking; and (c) the punishment at the time of the crime in this case; and (d) the defendant’s age, sex, environment, and attitude after the crime; and

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