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(영문) 서울중앙지방법원 2013.11.01 2013고단5306

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant was committed on October 16, 2009, on January 19, 2010, and on May 4, 2010, and each of the charges was punished.

On August 1, 2013, the Defendant, as a person with three times of electricity in violation of the Road Traffic Act, driven a DK9 passenger car in the section of about 2 km from the department department store in Gangnam-gu to the road of about 599, Gangnam-gu, Seoul, on August 1, 2013, while under the influence of alcohol by 0.17% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Accident site and vehicle photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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 very important in light of the fact that the defendant committed the crime of this case in spite of the fact that he had been punished three times (two times of fine and one time of suspended execution) due to drinking driving, and that he again committed the crime of this case. However, although the defendant is the time of committing the crime of this case and his mistake is deeply divided, the defendant's participation in a single meeting and education is not required to repeat the crime, such as receiving education, the defendant's age, character and behavior, and environment, the punishment is determined as ordered in consideration of the sentencing conditions indicated in the records