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(영문) 서울서부지방법원 2018.04.05 2017고단3887

도로교통법위반(음주운전)

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Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 1, 2010, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of road traffic law at the Seoul Western District Court on April 1, 201, and a fine of KRW 3,50,000 to a fine for a violation of road traffic law at the Jung-gu District Court on January 5, 2012.

Criminal facts

On December 5, 2017, at around 00:25, the Defendant driven a 11-day Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Ma, 64-Mapo-Mapo-Ma (hereinafter referred to as the “Mapo-Mapo-Ma”), with approximately five meters alcohol concentration 0.152% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the selection of a fine (any circumstance that may be taken into account in the circumstances of drinking driving, the distance of drinking driving was very short, the fact that there was no record of punishment heavier than suspended sentence, the age of the accused, and all other circumstances such as the age, sexual conduct, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;