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(영문) 서울동부지방법원 2017.08.11 2017고단2060

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to a fine of five million won for a violation of road traffic law (drinking driving) in the Seoul Eastern District Court on the same day, and the same records of punishment are more than twice.

Criminal facts

On June 10, 2017, the Defendant driven CMW car over approximately 1.5 meters on the 633th road along the 603th road, while under the influence of alcohol content 0.179% during blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking control and the application of Acts and subordinate statutes;

1. Article 148-2(1)1 of the relevant Act and Article 148-2(1)1 of the Road Traffic Act regarding criminal facts and Article 44(1) of the Act on the Selection of Punishment for the Crime [Article 148-2(1) of the Road Traffic Act [Article 14-2(1) of the same Act] [Article 14-2(1) of the same Act [Article 0.196%] of the punishment for the driving of drinking on September 1, 2006], ② the driving of drinking on October 1, 2010 (0.167%) committed a second offense despite the fact that each fine was imposed for driving under the influence of drinking on November 9, 2012 (0.109%). However, although the alcohol concentration in blood was extremely high so high that the Defendant committed a crime in the instant case, the Defendant’s mistake is against the Defendant, and there are some circumstances that could be taken into account in the circumstance leading to

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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