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(영문) 서울동부지방법원 2015.10.07 2015고단2290

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal power] On May 11, 2004, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on June 29, 2007, a fine of 1.5 million won for the same crime in the same court on June 29, 2007, and a summary order of 1.5 million won for the same crime in the same court on April 19, 2013.

【Criminal Facts】

Although the Defendant was punished twice or more for a violation of the Road Traffic Act (driving) as above, on July 30, 2015, the Defendant driven B Pote-Tech car under the influence of alcohol concentration of about 0.069% from the 1km section of the Seoul Hospital located in Songpa-gu Seoul Metropolitan City to the roads located in the 290-ro, Songpa-gu, Seoul. < Amended by Act No. 13534, Jul. 30, 2015>

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Requests for appraisal;

1. Previous records before ruling: Application of inquiry reports and investigation reports (related to the examination of the same kind of force), including criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Consideration, such as the fact that the sentencing of Articles 70(1) and 69(2) of the Criminal Act reflects the reason for the detention in the workhouse, the blood alcohol concentration is not high, and the fact that there is no criminal record of a stay of execution or higher, etc.