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(영문) 서울동부지방법원 2015.12.10 2015고단3137
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 19, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the same court on May 29, 2009, respectively.

On September 18, 2015, at around 07:15, the Defendant driven B rocketing car with a blood alcohol content of about 0.065% from the 3km section of the Seoul Special Metropolitan City Gwangjin-gu to the same 453rd road on the same day from the vicinity of the private house located in 393, Jung-gu, Seoul Special Metropolitan City, to the same day.

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 in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving;

1. Control note;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a fine by taking into account the circumstances, such as the fact that the Defendant, who was sentenced to a fine on four occasions due to the violation of the Road Traffic Act, committed the instant crime, despite the fact that the Defendant was not subject to criminal punishment on or after June 2009, and that the Defendant did not have any record of criminal punishment, and that there are no circumstances to take into account the circumstances leading up to the instant crime, and that the blood alcohol concentration is not high;

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;

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