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(영문) 의정부지방법원 2018.02.23 2017고단5486
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 13, 2011, the Defendant was issued a summary order of KRW 2.5 million from the Suwon Branch of the Chuncheon District Court to a fine of KRW 2.5 million for a crime of violating road traffic laws (drinking), and KRW 5 million from the Suwon Branch of the Republic of Korea to a fine of KRW 1.5 million for the same crime.

On November 28, 2017, at around 17:49, the Defendant driven B-house under the influence of alcohol content 0.186% at a section of about 20km from the upstream of the upper salary basin of the Dobong-gu Seoul Metropolitan Government to the front road of Jyang-si, Jyang-si, Jyang-si, Jyang-si, Jyang-si, Jyang-si, Seoul, to the front road of 77 Jinnam-do.

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 driving at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records, etc.);

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 Defendant’s crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the third drinking driving, and the Defendant actually accompanied by a traffic accident.

The alcohol concentration in blood was very high.

It is necessary to make strict punishment in accordance with the purpose of the Road Traffic Act.

However, the defendant is in depth divided, and there is no other criminal punishment except in relation to traffic.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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