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(영문) 의정부지방법원 2017.04.19 2016고단4926
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 31, 2008, the Defendant issued a summary order of 1,500,000 won for a crime of violating the Road Traffic Act (drinking driving) by the District Court of the Republic of Korea on January 31, 200, the same power has more than once.

On September 13, 2016, at around 17:50, the Defendant driven a B Sti-type car with approximately KRW 300 meters alcohol content 0.262% under the influence of alcohol while under the influence of alcohol, from the front to the rear side of the New Gerogdong located in the Gero-si, Goero-si, Goero-si.

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. Notification of the results of regulating drinking driving;

1. A written statement on the occurrence of a traffic accident (C);

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 148-2 (2) 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 of Article 334(1) of the Criminal Procedure Act was two times the criminal defendant already sentenced to a fine due to drinking driving.

The alcohol concentration in blood was very high to 0.262%, and the actual traffic accident occurred.

However, the defendant's drinking driving power was in 2004 and 2008 and a considerable period of time has elapsed from that time.

Currently, the defendants are often divided.

In addition, in consideration of the age, family relations, attitude before and after the crime, etc. of the defendant, the punishment as ordered shall be determined.

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