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(영문) 수원지방법원 성남지원 2016.12.14 2016고단2737
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant of "2016 Highest 2737" was a person who received a summary order of KRW 3 million from the Suwon District Court on October 26, 2012 due to a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on October 26, 201, and the summary order of KRW 700,000 from the Suwon District Court on October 17, 2008 to the same crime.

On August 23, 2016, at around 23:22, the Defendant driven a G horse in the state of alcohol with approximately KRW 1km alcohol content 0.219% while under the influence of alcohol, from the influent land (hereinafter referred to as the “Saridong”) to the roads in front of the Seongbuk-gu Nari-dong located in the same Gu transportation zone.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

On October 17, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court on October 26, 2012, and a summary order of KRW 3 million as a fine for the same crime from the Ansan Branch of the Suwon District Court on October 26, 2012.

【Criminal Facts】

On October 8, 2016, around 07:52, the Defendant driven a G horse car in the state of alcohol of about 4km from around 69 to around 232-4, Gyeyang-gu, Incheon Gyeyang-dong, while under the influence of alcohol of 0.181% in blood alcohol concentration.

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each drinking driver, a report on the current status of the driver, a request for appraisal, and an appraiser;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. As to the criminal acts under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the 2016 Highest 2737 of the Road Traffic Act concerning criminal facts, a fine shall be imposed; and as to the criminal acts under the 2016 Highest 3520 of the Road Traffic Act, a sentence of imprisonment shall be imposed;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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