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(영문) 서울중앙지방법원 2016.10.26 2016고정3039

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 4, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 4, 2008, and became final and conclusive around that time. On May 14, 2010, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 14, 201, and became final and conclusive around that time.

At around 22:20 on July 11, 2016, the Defendant driven a B car from Dobong-dong Seoul Special Metropolitan City to the 40-day road in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, about 1 km while under the influence of alcohol by 0.132%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;