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(영문) 서울북부지방법원 2014.11.07 2014고정2297

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On August 11, 2006, the Defendant was issued a summary order of KRW 1.5 million by Seoul Southern District Court and a fine of KRW 1.5 million by Seoul Northern District Court on April 16, 2012.

On May 22, 2014, at around 22:13, the Defendant driven a B-be cargo vehicle under the influence of alcohol with approximately 10k alcohol concentration of 0.069% from the 10km section to the Hoyang-gu Hodong, Yangcheon-gu, Seoul, under the influence of alcohol, from which it is impossible to identify the address below the new monthly dong, Yangcheon-gu, Seoul to the Hoyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Inquiry into the results of the control of drinking driving, response to requests for appraisal, and written appraisal of blood alcohol;

1. Previous convictions indicated in his/her judgment: Application of criminal records, reply reports, management records, and records-finding reports to Acts and subordinate statutes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even if the defendant had the same criminal record, it is inevitable to strictly punish the crime of this case.

However, there is no high level of drinking water, confession, and reflect in depth.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.