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(영문) 의정부지방법원 2018.05.17 2018고정536
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 13, 201, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 13, 201, and a summary order of KRW 3 million for the same crime at the Seoul Northern District Court on April 29, 201, and was punished two times or more for a crime of violating the Road Traffic Act (drinking).

On January 3, 2018, the Defendant driven the Ews No. 115% alcohol concentration from the 400-meter section around the office located in Kug-si C to the front road of D, while under the influence of alcohol, the Defendant driven the Ews No. 115% under the influence of alcohol level from the 400-meter section to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of subparagraph (A) of an inquiry, such as a report on investigation (verification of such past records) and criminal history;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is recognized that the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the law when committing a crime.

However, in the past, the Defendant committed the instant crime even when he/she was punished twice by a fine due to drinking alcohol driving; the Defendant committed the instant crime at the same time; the degree of alcohol concentration at the time of the instant case is not lowered; the balance of general punishments in the same and similar cases; other circumstances before and after the instant crime; the Defendant’s age, sexual behavior, environment, etc. shall be determined in consideration of the punishment.

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