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(영문) 서울북부지방법원 2018.08.30 2018고단2418
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for a violation of road traffic laws (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court). On August 31, 2012, the Defendant was sentenced to a fine of KRW 7 million for a violation of road traffic laws (drinking driving) at the Seoul Northern District Court.

On May 13, 2018, around 07:43, the Defendant driven a eMW 320d car with approximately 3m alcohol content 0.143% while under the influence of alcohol from D parking lots located in Dongdaemun-gu Seoul Metropolitan Government to the roads in front of the above parking lot.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, results of measurement of drinking, and report on the results of crackdown on driving under drinking;

1. Previous convictions: Application of inquiry statements, such as criminal history, and investigation reports (Attachment to decisions related to drinking driving, etc.);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Although there was a record of being punished twice due to driving of alcohol on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment, strict punishment against the defendant is required again for the crime of this case. However, while the defendant waiting for a substitute engineer, he/she has been continuously demanded to cut off his/her vehicle as soon as possible and operated 3 meters so as to cause the vehicle to be cut off, and there are circumstances to be taken into account in the circumstances of driving under drinking, it is against the situation that the situation of driving under drinking is being taken into account, and all other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., shall be determined as per the order.

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