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(영문) 의정부지방법원 2017.05.10 2017고단848
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 4, 2013, the Defendant was punished on two or more occasions by driving under the influence of alcohol, such as being sentenced to a fine of three million won due to a violation of road traffic laws (drinking), and a fine of four million won due to the same crime at the same court on October 16, 2014.

On February 24, 2017, while under the influence of alcohol content of 0.076% among blood transfusion around 22:00, the Defendant driven a vehicle of soflurged B from approximately 100 meters to the front road of the 20th National Agricultural Cooperative, due to the Gyeonggi-si Garo, Embroporo, the Gyeonggi-gu Gambro, one of the agricultural cooperatives.

Summary of Evidence

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. A written statement of the driver who takes charge;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 148-2 (1) 1 and Article 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 under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order leads to the punishment for driving alcohol more than two times, and the instant crime was committed. In such a case, according to the purpose of the Road Traffic Act, the Defendant’s age, family relationship, blood alcohol concentration at the time of the crime, attitude that greatly repents after the crime, etc. shall be determined as indicated in the Disposition.

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