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(영문) 서울남부지방법원 2017.11.02 2017고단4337

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 26, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of Road Traffic Act at the Seoul Western District Court, and a fine of KRW 1.5 million as an offense at the Seoul Central District Court on September 30, 2014.

【Criminal fact-finding on August 3, 2017, the Defendant driven a 3 km car from the walk calendar to the front road of the 2nd apartment of the 2nd apartment of the 828 Jeju-si, Seocheon-si, Seocheon-si, with alcohol content of 0.069% during blood around 21:00.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The fact that there are two times the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, the fact that there are many other criminal records including a person without a license, and the fact that there are many other criminal records including a punishment, are disadvantageous to the defendant.

However, there are favorable circumstances such as the fact that drinking values are relatively low, reflective, and maintaining a smooth social relationship with a certain occupation.

The defendant shall be punished by a fine in full view of such various circumstances as the defendant's age and family environment and the sentencing conditions stipulated in Article 51 of the Criminal Act.

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