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(영문) 서울동부지방법원 2014.10.16 2014고단2638

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 11, 2014, at around 14:55, the Defendant driven B 5 vehicles with approximately 0.210% alcohol level from the parking lot of the Seoul Central Hospital located in Songpa-gu Seoul Olympic 48-ro 43-ro, Songpa-gu, Seoul, to the 6-ro 8 (Yacheon-dong), the Haak-gu, Gangdong-gu, Seoul, to the lower Haak-gu, the lower court driven B 5 vehicles with approximately 1km alcohol level of about 0.210%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the provisions of Acts and subordinate statutes governing the making of circumstantial statements to, and reports on,, a drinking driver;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on November 26, 2007 by the defendant of the reason for sentencing of Article 334(1) of the Provisional Payment Order is that the defendant does not know even though he had the record of being issued a summary order of KRW 700,000 for the crime of violation of the Road Traffic Act at the government district court on November 26, 2007, and caused a traffic accident that contacts another motor vehicle that is being driven by the driver while driving the motor vehicle at the same time without being aware of the record of being sentenced

However, the fact that the defendant committed a criminal offense and repents his mistake, and that there is no other crime except the previous conviction as seen above, etc. shall be considered as favorable circumstances to the defendant, and other circumstances that form the conditions for sentencing as shown in the records of this case, such as the age, character, conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account equally various circumstances that form the conditions for sentencing

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