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(영문) 서울남부지방법원 2016.07.06 2016고정929

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On August 11, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on August 27, 2010, respectively.

[Criminal facts] On October 27, 2015, the Defendant was under the influence of alcohol level of 0.080% among blood transfusion around 01:45 on Oct. 27, 2015, and was driving B, Grand Star Co., Ltd from the roads near the Guro-gu Seoul Metropolitan Government Moro to 3 Dong-ro 3, Dong-ro 1, Dong-ro.

Accordingly, the Defendant, who had been punished as a crime of violating the Road Traffic Act by driving a motor vehicle on more than two occasions, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Photographs at the time of crackdown on drinking;

1. Previous convictions: Application of Acts and subordinate statutes to a written request for inquiry into Furter and a report on investigation (Attachment to previous decisions);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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;