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(영문) 서울동부지방법원 2015.05.14 2015고단537

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 power] On April 7, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court, and on March 23, 2015, the Defendant was issued a fine of KRW 2.5 million for the same crime, etc. (the crime committed on November 15, 2014) at the Sung-nam Branch of Suwon District Court (the crime committed on November 15, 201).

【Criminal Facts】

Around 06:50 on January 6, 2015, the Defendant driven a Csch Rexton car at the 5km section of approximately 0.057% alcohol concentration from the Do in Gangdong-gu Seoul, Seoul to the 1134 front roads, as well as from the Do in front of 401, to the 1134 front roads.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

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

1. Selection of a fine by taking into account the circumstances, such as the fact that the defendant in the option of a punishment has twice the same power, but has no power exceeding a fine and is against the defendant, and that the blood alcohol concentration is not high;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;