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(영문) 서울동부지방법원 2019.02.18 2018고단4064

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[criminal power] On March 18, 2016, the Defendant received a summary order of a fine of one million won from the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of a fine of three million won from the Seoul Central District Court for the same crime on May 18, 2018.

【Criminal Facts】

On November 9, 2018, at around 12:30, the Defendant driven CM5 car in a state of 0.067% alcohol concentration without a car driver’s license from around 500 meters from the front day of a mutually influent restaurant located in the Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government Law Center to the 1st underground parking lot of the same Gu B-1st underground.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Application of statutes concerning criminal records and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order is three times, and the defendant's criminal act of this case is heavy in light of the fact that the defendant committed the crime of this case even though he had no license due to the recent crime.

However, the defendant is suffering from Wonchi's disease and the health of the defendant is not good, and the defendant is selected as a fine in consideration of various circumstances, such as drinking water (0.067%) in this case, and the above punishment is sentenced.