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(영문) 서울동부지방법원 2017.03.29 2016고단2449

도로교통법위반(음주운전)

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

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 11, 2016, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic laws at the Seoul Western District Court on the same day, and was sentenced to a fine of KRW 1 million for the same crime at the Seoul Western District Court on July 29, 2008.

【Criminal Facts of crime】 On July 6, 2016, around 03:56, the Defendant driven B-p motor vehicle under the influence of alcohol with approximately 30 meters alcohol concentration of 0.148% from the 30m section of 0.32m in Songpa-gu, Seoul to the 7-ro 32mn-ro mar-ro.

Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Provisions of Article 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of a punishment);

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