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(영문) 의정부지방법원 2018.01.10 2017고단4509
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 May 16, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon Franchisor method, and on September 29, 2014, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act from the Jung-gu District Court.

Although the Defendant had been punished twice or more as above, on October 1, 2017, around 21:19, the Defendant driven Bmp car while under the influence of alcohol content of about 0.100% in alcohol from the 11km section of the blood alcohol level from the front of the trade name in the vicinity of the Mandong-dong Seoul S square-dong, Seoul to the front of the Namyang-si Do Agricultural-do, Namyang-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. Inquiries about the results of crackdown on drinking driving;

1. Field control photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and a copy of the summary order);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is three times, and there is a need for a principle of punishment in accordance with the purpose of the Road Traffic Act in order to punish drivers of drinking alcohol.

However, the interval between the defendant's two drinking driving and the crime of this case is evise at time.

The defendants are now in 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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