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(영문) 서울동부지방법원 2012.12.28 2012고합626

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Violation of the Composition Requirements] On March 2, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and KRW 700,000 as a fine in the same court on May 15, 2009.

(2) On November 13, 2012, the Defendant was driving a passenger vehicle with approximately 200 meters in the vicinity of the roadside market in Gangdong-gu, Seoul to approximately 366-3, while under the influence of alcohol 0.052% of alcohol level around November 23, 2012.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s legal statement

1. Examination protocol of suspect;

1. Records of the results of the regulation on drinking driving, the report on the results of the regulation on drinking driving, and the statement on the state of drinking drivers;

1. A reference report on criminal records, etc.;

1. Application of investigation reports (Attachment of summary order) Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting a crime;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (main grounds for discretionary mitigation);

1. Articles 70 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 [main grounds for a form of punishment] [Article 334(1) of the Criminal Procedure Act] - The circumstances specified in the judgment of this case, the state of speech and behavior of the defendant at the time of detection of the report on the statement of the statement of the driver's statement, walking condition, driver's blood and environment, and fine of 30,000 won for the violation of the Road Traffic Act of December 1994 / [Explanation and guidance] the sentencing conditions under Article 51 of the Criminal Act (the defendant's age, character, character, intelligence and environment, motive, means, means, consequence, etc.) (the defendant's age, character, intelligence and environment, motive, consequence, after crime)] - The defendant did not consolidate the above case against the defendant at the time of proceeding or wish of the defendant who wants a prompt conclusion without wanting the consolidation, so it is necessary to keep the drinking culture formed in the deaf society, which is consistent with the law of drinking culture and norms.