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(영문) 서울서부지방법원 2012.11.08 2012고합367
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 11, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and on June 1, 2007, the Seoul Central District Court issued a summary order of KRW 2 million as a fine for the same crime.

On September 1, 2012, at around 22:11, the Defendant driven a CP car in the state of alcohol of about 10km from the 10km section of Jongno-gu Seoul Metropolitan Government from the intersection to the front road of 739 Geum apartment-dong, Eunpyeong-gu, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Considering the risk of drunk driving in the sentencing of Articles 70 and 69(2) of the Criminal Act and the defendant repeats his/her drinking again even though he/she had been punished twice due to drinking driving, a strict punishment should be imposed against the defendant. However, more than five years have passed since he/she was punished due to drinking driving, and more than five years have passed since he/she was punished due to drinking driving, and the fact that he/she did not have any other criminal records than a unauthorized driving, etc. in favor of the defendant is considered as favorable circumstances in consideration of the defendant's age, occupation, character and behavior, living environment, and circumstances leading to drinking driving, etc., the punishment as ordered shall be determined by taking into account all the sentencing factors shown in

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