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(영문) 서울북부지방법원 2018.05.10 2018고단498

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On October 23, 2007, the Defendant was sentenced to a fine of KRW 700,000,000 as a fine for a violation of Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) and a fine of KRW 1.5 million as a fine for the same crime in the same court on November 26, 2007.

around 02:02 on January 27, 2018, the Defendant driven the E rocketing car owned by D (ju) while under the influence of alcohol content of about 0.104% in the blood content at approximately 3 meters prior to Dobong-gu Seoul Metropolitan Government C.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions and results of investigation);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that two times of punishment due to driving of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

The punishment for drinking driving was conducted in 2007, and more than 10 years have passed.

In order to avoid the trial cost of prisoners after a substitute engineer was taken, there are circumstances to take into account the situation of the driver's driving and the distance of the driver's driving is 5 meters different from the distance of the driver. In light of such circumstances, the punishment as ordered shall be determined.