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(영문) 서울동부지방법원 2018.09.18 2018고정819

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 27, 2018, around 22:40, the Defendant driven a B-H motor vehicle under the influence of alcohol content of about 0.107% in the 5km section from the 45th road in Gwangjin-gu Seoul Special Metropolitan City to the 50-ro 50-gil, Gangdong-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and the application of Acts and subordinate statutes to the regulations on drinking driving;

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

1. In light of the sentencing conditions indicated in the instant trial, such as the driving distance of the Defendant’s drinking, and the amount of fine prescribed in the summary order does not seem to exceed the amount of fine even in light of the following factors: (a) the Defendant’s history of being subject to criminal punishment for the same reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the maximum statutory penalty under Article 148-2(2)2 of the Road Traffic Act was a fine of three million won; and (c) the Defendant’s alcohol driving distance; and (d) the amount of alcohol concentration during blood.