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(영문) 서울남부지방법원 2017.09.21 2017고단3656

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

On January 3, 2011, the Defendant was issued a summary order of KRW 2 million from the Seoul Northern District Court for a crime of violating the Road Traffic Act (drinking driving), and KRW 2 million from the Incheon District Court for the same crime on June 16, 2015.

On July 21, 2017, around 23:34, the Defendant driven a BK-5 vehicle under the influence of alcohol content 0.071% while under the influence of alcohol at approximately 3 km from the roads near the Seogsan Station in Yangcheon-gu Seoul Metropolitan Government to the roads in front of each mat, Yangcheon-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as details of inquiries about management of initial reports and criminal history;

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 defendant shall be punished by a fine, in consideration of the fact that the driving of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act has been three times, but the drinking value is relatively minor and the defendant is against the nature of drinking, etc.

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