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(영문) 의정부지방법원 2017.11.10 2017고단3736
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[criminal history] On October 2, 2008, the Defendant issued a summary order of KRW 5 million for a violation of road traffic law (drinking) at the Jung-gu District Court on January 5, 2009, a summary order of KRW 3 million for the same crime, etc. in the same court on January 5, 2009, and completed the execution of the sentence by the government prison on September 9, 2014 after having been sentenced to nine months of imprisonment for the same crime in the same court on July 10, 2014.

[2] Although the Defendant had a alcohol driving force on at least two occasions, he/she driven a 161-35 square vehicle with approximately 50 meters a volume Cschton vehicle up to the front of the road in front of the construction site in the vicinity of the required mountain hot spring site, at the same time, under the influence of alcohol content of 0.054% in the blood of around 19:2, July 6, 2017, under the influence of alcohol, at around 0.054% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (excluding punishment) 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 of the Criminal Procedure Act in the order of provisional payment is that the defendant has a large influence on drinking (six times after 200) and was sentenced twice due to drinking driving, and the period of repeated crime accordingly.

However, the sentence of a fine shall not be imposed in consideration of the fact that the drinking value of the instant case is not high, the time of drinking, the circumstances of driving, etc., and the sentence shall be imposed as per the disposition.

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