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(영문) 서울중앙지방법원 2014.10.27 2014고정4240

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 21, 2007, the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act at the Seoul Central District Court on December 21, 2007, and on September 12, 2007, the court issued a summary order of 2,00,000 won of fine due to the same crime.

On July 16, 2014, at around 16:40, the Defendant driven B 124C obba in the 20-lane of Gwanak-gu, Seoul Special Metropolitan City, while under the influence of alcohol of 0.083%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a report on the occurrence of traffic accidents;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (The following grounds for sentencing):

1. Articles 70 (1) 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 has the history of having been sentenced to criminal punishment, including imprisonment for a violation of the Road Traffic Act.

Nevertheless, there is no special circumstance that the crime of this case was committed again, and that there was no unavoidable reason to do so.

Considering that the defendant is a basic livelihood recipient and has a disability, the responsibility of the defendant is not easy.

Other punishment shall be determined in consideration of the defendant's occupation, economic situation, sentencing in the same kind of other cases, etc.

It is so decided as per Disposition for the above reasons.