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(영문) 의정부지방법원 2017.12.13 2017고단3354
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 12, 2007, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking), etc. by the District Court of the Republic of Korea on June 12, 2007, and a fine of three million won due to a violation of the Road Traffic Act (drinking) by the same court on May 1, 2014.

On June 27, 2017, the Defendant driven B rocketing car with approximately 500 meters alcohol content 0.193% under the influence of alcohol, from the front of the mutual influent restaurant in Yangju-si to the front road of the reserve forces training site in Yangju-si, Yangju-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. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case is the third drinking driving of the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the Provisional Payment Order.

It is necessary to make strict punishment in accordance with the purpose of the Road Traffic Act.

However, it is not done within a relatively close period of time when the driving of drinking is committed, and the accused has no criminal punishment for any other problem except traffic-related crimes.

In addition, it is against the depth.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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