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(영문) 의정부지방법원 2017.08.16 2017고단1940
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 9, 2012, the Defendant was sentenced to a fine of 3.5 million won as a crime of violating the Road Traffic Act (drinking driving), and one million won as a fine in the Seosan Branch of the Daejeon District Court on November 10, 2006, respectively.

On April 2, 2017, the Defendant driven B K5 car under the influence of alcohol content of 0.132% at the 8km section of approximately 8km from the road surface near the indoor packing penta-si located in Chungcheongnam-si to the 504-dong Mari-dong New Apartment-dong, Guri-si.

Accordingly, the Defendant, while under the influence of alcohol, was punished more than twice, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a case undermining the traffic laws on roads;

1. Report on the circumstances of driving under the liquor:

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

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

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

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, again committed the instant drinking driving after being subject to two times of criminal punishment for driving alcohol. It is necessary to strictly punish the Defendant, as prescribed by the Road Traffic Act.

However, the defendant's two-time driving criminal records are 10 years prior to 10 years prior to driving, and 6 years prior to the time gap.

The Defendant has been seriously opposed to the instant case, and there is no particular criminal record except several fines.

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

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