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(영문) 수원지방법원 2018.04.10 2017고단8013
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 23, 2009, the Defendant was issued a summary order of a fine of two million won for a violation of road traffic law at the Suwon District Court's House on December 23, 2009, and on July 2, 2015, the Defendant issued a summary order of a fine of three million won for a violation of road traffic law at the Suwon District Court's Pyeongtaek District Court's House on July 2, 2015, and has violated Article 44 (1) of the Road Traffic Act at least twice.

On October 31, 2017, around 00:0, the Defendant driven a vehicle with low alcohol level of about 150 meters in a section of approximately 150 meters from the front of the wife population, Kim Jong-dong Kim-dong Kim-dong, to the front of the wife population, Kim Jong-dong, GT-dong, GT-dong, GT-do, in the state of under the influence of alcohol by 0.149% in alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the case, a report stating the situation of the driver who takes the main place, and a report on the situation of the driver;

1. Drinking result;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and the statutes attached to a summary order;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that the Defendant, who had been engaged in driving of alcohol on September 2009 and May 2015 of the Criminal Procedure Act, drives of alcohol on the same occasion, and the nature of the instant crime is not less than that of the crime, but not less than 0.149% of the blood alcohol concentration due to the instant drinking, and the Defendant is not less than 0.149% of the blood alcohol concentration due to the instant drinking. On August 17, 2017, the Suwon District Court sentenced the Defendant to a suspended sentence of one year for an occupational embezzlement on the ground that the Defendant committed the instant crime without being aware of the fact that he committed the instant crime even though he was sentenced to a suspended sentence of two years for an occupational embezzlement on the ground that he committed the instant crime.

However, the defendant recognized the crime of this case and divided his mistake, the crime for which the defendant was punished for suspended execution is different from this case, and the defendant's criminal history is examined, the punishment for the crime of this case shall be imposed.

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