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(영문) 춘천지방법원 원주지원 2017.03.15 2017고단45
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

【The Defendant was issued, on February 5, 2010, a summary order of KRW 4 million with a fine of KRW 1 million with respect to a violation of road traffic law (driving) at the Suwon Franchising Station, and on November 28, 2013, a summary order of KRW 4 million with respect to a fine of KRW 1 million with respect to the same crime, respectively, at the Suwon Franchising Station.

【Criminal fact-finding on January 5, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.058% from the front of the apartment to the front of the same street, such as a building, etc. located in the city, 3-9 at the same time, from the front of the apartment to the road of the same city.

As a result, the Defendant driven a vehicle under the influence of alcohol even though he was punished twice or more for a crime of violating the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and application of investigation reports (Attachment to the summary order of the same case) Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 70 (1) of the Criminal Act 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 is that the defendant, in consideration of the fact that he/she had been subject to a fine twice due to drinking alcohol driving and that the possibility of another damage caused by repeated crimes cannot be ruled out, a strict sentence is necessary for the defendant.

However, a fine shall be imposed on the defendant only once, considering the fact that the defendant does not repeat a crime by reflecting his/her mistake, that the alcohol concentration in the blood is not high at the time of drinking control, that the driving distance is very short, and that other circumstances, such as the defendant's age, sex, environment, family relationship, etc., are taken into account.

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