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(영문) 서울중앙지방법원 2016.11.30 2016고정3352

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On April 21, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on April 20, 2010, the Defendant was sentenced to a summary order of KRW 4.5 million for a fine of KRW 4.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on April 20, 201, and on June 17, 201, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

At around 03:00 on April 7, 2016, the Defendant driven C Natata car while drunk from the Defendant’s house located in Gangnam-gu Seoul, Seoul to the 664-240 front road in Gangnam-gu, Gangnam-gu, Seoul, with approximately 1.5km alcohol concentration of about 0.115%.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Drinkers;

1. The circumstantial statement of the employee;

1. Investigation report (cases to which the Madmark applies);

1. A report on detection of a host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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;