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(영문) 서울동부지방법원 2018.04.27 2017고단4170
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

On March 12, 2014, the Defendant issued a summary order of KRW 2.5 million for the same crime at the Eastern District Court on November 24, 2015 and the driving force of drinking is two times or more in the case of a violation of road traffic law (dacting driving) in the support of the Friwon Friju on March 12, 2014.

Criminal facts

On November 19, 2017, around 03:20 on November 19, 2017, the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.093% during blood in the 3km section from Songpa-gu Seoul Metropolitan Government to the shooting distance at the road of Gangdong-dong, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant had a history of criminal punishment twice due to driving of alcohol in the previous case (two times a punishment penalty). The defendant was driving a motor vehicle under the influence of alcohol in the previous case, and the liability for the crime is not easy.

However, the defendant recognized the crime of this case, and there is no record of criminal punishment exceeding the fine.

The above circumstances are considered as favorable to the defendant.

In the above circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and all the circumstances constituting the conditions for sentencing as shown in the instant records and the trial process, shall be comprehensively considered, and the sentence shall be determined as ordered.

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