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(영문) 서울북부지방법원 2015.11.12 2015고단3230
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 14, 2013, the Defendant issued a summary order of a fine of three million won at the Seoul Northern District Court for a violation of the Road Traffic Act (driving). On December 9, 2013, the Defendant had a record of having been issued a summary order of a fine of five million won at the same court as the same crime.

On August 2, 2015, at around 20:25, the Defendant driven B K5 cars with a blood alcohol concentration of about 0.236 percent at the section of about 10 meters from the road in front of the Seoyang-si, the Seoyang-si, the Seocheon-si, the Seocheon-si, the Busan-do, to the road in front of the mountain village in the same Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of each summary order (No. 11 and 13 No. 11 of the evidence list), and criminal history records, and other Acts and subordinate statutes;

1. Relevant Article of the Act and Article 148-2 (1) 1 of the Road Traffic Act and the selection of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. The sentence shall be determined as ordered by taking into account the following circumstances as the defendant's age, family relation, etc., when he/she was sentenced to punishment for a violation of the Road Traffic Act in two times in 2013, when he/she was sentenced to punishment for a violation of the Road Traffic Act, and there was no record of criminal punishment until the crime of this case is committed, the defendant was not driving immediately after drinking, the driving distance was relatively short, and the driving distance was relatively short, and all other circumstances shown in the arguments of this case, such as the defendant's age

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