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(영문) 서울동부지방법원 2016.08.23 2016고정1228

도로교통법위반(음주운전)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 18, 2007, the Defendant is under the influence of alcohol level of 0.317% during the blood transfusion on 00:15, and is under the influence of alcohol level of 0.317% during the same day on 01:32 on the same day, and is under the influence of alcohol level of 0.268% during the blood transfusion on 01:32 on November 26, 2007, and was issued by the Seoul Eastern District Court with a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul East District Court on November 26, 2007, and has violated Article 44(1) of the Road Traffic Act at least twice.

On May 5, 2016, the Defendant driven B Rab truck under the influence of alcohol content of about 0.065% at a section of about 3 km from the front of the Gyeongcheon Bathing Beach located in the New Black-dong, Sincheon-si, to the Yancheon-dong in the same cityran-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in driving, inquiry about the results of crackdown on drinking driving, inquiry about criminal records, and a statement of inquiry about management of a master report;

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

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;