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(영문) 수원지방법원 2018.04.10 2017고단8104
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On June 14, 2013, the Defendant issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on July 11, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the source of a water source method, and on July 11, 2013, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

On November 2, 2017, the Defendant driven CK5 vehicle under the influence of alcohol of about 0.166% in blood from approximately 5km section from the front of the mutual influent restaurant to the front road of the CG apartment located in the CG5-si, Gi-gu, Gi-gu, Gi-si, Gi-si, Gi-si, Li-si, Li-si, Li-si, Li-si, Li-si, Li-si, Li-si, Li

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report, internal investigation report, statement report on the situation of the driver of the main place of business, and on-site photographs;

1. Place as a result of drinking;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and the statutes attached to a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment order is that the defendant, who has had the ability to drive a drinking at least twice, drives another drinking, and the nature of the crime is not less than 0.166%, but not less than 0.16% of the amount of alcohol concentration in blood due to the drinking of this case. In light of the circumstances where another driver reported the vehicle's operation form and reported it to the driver by drinking, it can be seen that the defendant was in a very difficult condition due to the influence of drinking at the time, and thus, the risk is also high.

However, there is no record of committing any other crime except that the Defendant recognized the instant crime and divided his mistake, and the Defendant was found to have committed any other crime except that he was found to have been driving twice during the period of a weak period of time between June and July 2013.

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