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(영문) 서울서부지방법원 2015.04.07 2015고단290

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On November 8, 2010, the Defendant violated the prohibition clause two times by being sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at Seoul Southern District Court on November 8, 2010, and by being sentenced to a summary order of KRW 700,000 as a fine for the same crime at the same court on October 30, 2008.

On January 7, 2015, at around 02:09, the Defendant driven C Aburgn-turged vehicle with a blood alcohol concentration of about 0.174% under the influence of alcohol at approximately seven kilometers from the vicinity of the building-gu in Gwangjin-gu, Seoul to the Hannam-dong, Yongsan-gu, Seoul to the Hannam-do road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A report on detection of a de facto driver (blood collection result);

1. The application of Acts and subordinate statutes of a written appraisal request and a written blood alcohol appraisal;

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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. The reasons for sentencing under Articles 70(1) and 69(2)1 of the Criminal Act for the order of provisional payment under Article 334(1) of the Criminal Procedure Act are as follows: (a) the accused does not have any particular criminal record other than the previous criminal record prior to the previous criminal record; (b) the accused is in depth against the Defendant; and (c) other factors of sentencing as indicated in the argument of the instant case,