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(영문) 서울중앙지방법원 2014.10.27 2014고정4239

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 27, 2008, the Defendant issued a summary order of KRW 700,00 for the crime of violation of the Road Traffic Act at the Seoul Central District Court, and on May 23, 201, the summary order of KRW 2,000,000 for the same crime at the Sungnam branch of Suwon District Court.

On July 19, 2014, at around 04:15, the Defendant driven a Category B car at approximately 1 km from the road 267-1, Gangnam-gu, Gangnam-gu, Seoul, to the road 13, Jung-ro 120-gil, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (Application of the Ba mark);

1. Application of the statutes governing the actual condition of traffic accidents;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) 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 has the history of having been sentenced to criminal punishment, including imprisonment for a violation of the Road Traffic Act.

Nevertheless, there is no special circumstance that the crime of this case was committed again, and that there was no unavoidable reason to do so.

It shall be taken into account the unfavorable circumstances of this point, and the punishment shall be determined in consideration of the defendant's occupation, economic situation, sentencing in the same kind of other cases.

It is so decided as per Disposition for the above reasons.