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(영문) 서울동부지방법원 2017.11.16 2017고단2993

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 23, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on May 23, 2012, and on June 2, 2016, upon receiving a summary order of KRW 2 million for the same crime from the Seoul Eastern District Court, the Defendant was punished for drinking driving two times or more.

On September 9, 2017, around 06:08, the Defendant driven Cone Starsch truck under the influence of alcohol content of approximately 0.082% from the 5km section from Gangdong-gu Seoul Metropolitan Do to the Hannam Highway, Seoul Tolart.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driving of the driver at home, a report on the detection of the driver at home, and a report on the circumstances of the driver at home;

1. Photographs;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and investigation report-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A favorable circumstance such as the fact that there was a record of being punished for the same kind of crime: A judgment is rendered as above on the grounds that the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are above all circumstances, such as the fact that the defendant's mistake is against himself/herself, the amount of alcohol concentration in blood is not high, and the circumstances after the crime are considered.