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(영문) 의정부지방법원 2017.04.18 2016고단4422
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On March 19, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws at the Jung-gu District Court on March 19, 2008; on April 1, 2014, the same court was sentenced to two years of suspension of execution for one year for the same crime; on June 16, 2016, the Defendant was sentenced to two years of suspension of execution for six months of imprisonment with prison labor for a violation of official duties; and on June 24, 2016, the said judgment became final and conclusive and conclusive.

On July 29, 2016, the Defendant driven a C-wing truck with alcohol level of about 60 meters from a section of approximately 60 meters, while under the influence of alcohol level of about 0.180%, to a parking area before the front line of the same gym police box, on the upper right side of a post office back, which is located at the top of the Gamn-gun of the Gyeonggi-si, Gyeonggi-do.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol among bloods;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning 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 under Article 334(1) of the Criminal Procedure Act is that the defendant had the same criminal records and eight times, the criminal records and three times, and there are unfavorable circumstances such as the period of probation.

However, the circumstances leading up to the defendant's driving of a vehicle parked in the parking lot are limited to driving a vehicle of approximately 50 meters and moving it to the police box parking lot in order to verify it through a drinking reduction device. While the place where the defendant driven at the time is driving, it seems that there is no particular problem for the defendant to move 50 meters within the parking lot for the purpose of checking whether it is possible to drive a vehicle through a drinking reduction device.

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