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(영문) 서울동부지방법원 2016.07.07 2016고단1259

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On January 16, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on May 13, 2015, and completed the execution of the sentence at the Sungdong Detention House on May 13, 2015. On December 5, 2008, the Seoul Eastern District Court issued a summary order of KRW 1.5 million for a crime of violating Road Traffic Act (drinking) at the Seoul East Eastern District Court on December 5, 2008. On April 16, 2009, the Defendant was punished two times or more due to drinking, such as being sentenced to a suspended sentence of one year for the said crime.

[2] Nevertheless, on April 11, 2016, the Defendant driven a Clux car under the influence of alcohol with 0.107% alcohol level from the road near the station of “Maerju Warehouse warehouse” located in the Seongdong-gu Seoul Metropolitan Government, Gangdong-gu to the road in front of 439 Sungdong-dong, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving drinking and a written statement of control;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, report on investigation (verification of the records of the same kind of crime), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act provides that the defendant may have criminal records related to drinking and unlicensed driving, and since he/she again committed the instant crime even though he/she was sentenced to a criminal punishment due to fraud, even though he/she was a repeated offense, it is necessary to punish him/her for severe punishment.

Finally, it is favorable to the defendant that the case subject to punishment due to drinking driving occurred in 2009 and has a considerable time of time, that only driven a short distance of about 10 meters to move the vehicle at the time of this case, that the defendant was committing the crime of this case, and the defendant was able to repent his mistake in depth, and that there is a family member to support the defendant.