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(영문) 제주지방법원 2017.11.17 2017고단2373
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 22, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and on September 30, 2009, the Seoul Northern District Court issued a summary order of KRW 1 million as an identical crime at the Seoul Northern District Court.

On September 7, 2017, the Defendant driven a B-A-di vehicle under the influence of alcohol content of about 500 meters from the road located in the Nowon-si, Jeju-si to the front road of the Seoul Oil Station located in the same Dong from around 500 meters.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

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

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 already been punished twice or more due to the crime of drinking driving, but again committed a crime of drinking again, and thus, there is a high possibility of criticism.

In addition, in consideration of the number of times the defendant was punished as a crime of drinking driving, the details and timing of punishment, the number of alcohol concentration in the blood of this case, the age, sex, environment, circumstances of the defendant, circumstances after the crime, etc., various sentencing conditions as shown in the arguments of this case shall be determined as ordered.

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