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(영문) 서울서부지방법원 2016.11.24 2016고단2885

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] On June 19, 2007, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act. On December 28, 2015, the Defendant received a summary order of KRW 3,00,000 as a fine for the same crime in the same court.

【Criminal Facts】

On August 27, 2016, around 18:20 on August 27, 2016, the Defendant driven Cho-do in the state of under the influence of alcohol with approximately 0.186% alcohol concentration at approximately 5m in the public parking lot adjacent to the Eunpyeong-gu Seoul Non-Ma-dong 130-2 Epopic Public Health Center.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement in the circumstances of a drinking driver, and records of measurement of drinking;

1. Report on detection of, and investigation into, a host driver (report on the application of the mark);

1. Records of judgment: Criminal history records, inquiry reports, investigation reports (verification of suspect's records of drinking driving), and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act, the selection of a fine for the crime (where an acting driver is deemed to drive approximately five meters in order to park in a parking zone where he/she has left the parking lot after he/she has left the parking lot, and there are circumstances that may be taken into account the circumstances leading to the crime);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;