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(영문) 의정부지방법원 2018.02.23 2017고단5600
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and KRW 5 million for the same crime at the same court on June 15, 2015, respectively.

On December 12, 2017, around 21:15, the Defendant driven a coo vehicle in D with approximately 30 meters alcohol concentration at a section of approximately 0.182% in blood, from the street in front of the two sides of the Sincheon-si to the street in front of the same Sinan-si Office.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order was that the Defendant’s blood alcohol concentration was very high at the time of committing the instant crime.

In addition, the third drinking is driving.

It is inevitable to impose strict penalties.

However, the punishment as ordered shall be determined by considering the fact that the defendant is remarkably against the defendant, the driving distance is shorter, the age, sex, environment, circumstances leading to the crime, the attitude after the crime, etc. of the defendant.

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