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(영문) 서울서부지방법원 2012.11.08 2012고합366

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 31, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on February 25, 2009, a summary order of KRW 1.5 million was issued from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On August 27, 2012, around 22:43, the Defendant driven CNscoo-coo car in a state of under the influence of alcohol of about 0.082% of alcohol concentration without obtaining a driving license from around 10km section of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul to around 24-10:

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of his/her oral statement, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed on any crime of running a road with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. The reason for the sentencing of Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse is a very dangerous criminal who may cause a fatal damage not only to himself but also to another person's life and property. The defendant has already been punished for driving under the influence of alcohol, despite the fact that the defendant had already been punished for driving under the influence of alcohol, he driving his motor vehicle without a driver's license while under the influence of alcohol with 0.082% of the blood alcohol concentration of the time

However, the fact that the defendant's mistake is against the truth shall be considered as a favorable condition to the defendant, and the age, family relationship, growth process, personality and behavior of the defendant are also considered.