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(영문) 서울북부지방법원 2019.01.24 2018고단4345

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On December 5, 201, at the Seoul Western District Court, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act, and on November 9, 201, at the same court, a fine of KRW 3 million as a crime of violating the Road Traffic Act.

【Criminal Facts of Crimes】 On October 5, 2018, the Defendant driven a two-wheeled vehicle under the influence of alcohol 0.112% in approximately 500 meters from the front of the C Hospital located in Seoul Special Metropolitan City, Nowon-gu, to the front of the D apartment.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of a fine for the crime, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had had a record of being punished by a fine on two occasions or more due to drinking driving, repeated driving of the instant case. Since the blood alcohol concentration of the instant case is relatively high, there is sufficient need for a strict punishment for the Defendant.

However, the defendant is currently in office as a middle school teacher, and if a sentence heavier than a suspended sentence becomes final and conclusive, he/she is bound to retire in law and appeal his/her wife. It is about 6 years prior to the defendant's last drinking prior to the defendant in this case, and there is no criminal record thereafter, and there is a family member to be supported by the defendant, such as the defendant's paying back the parents of the delayed disability, and the defendant is the only revenue source of family economy, and the defendant is the drinking driving of this case.