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(영문) 서울중앙지방법원 2018.01.18 2017고단7579
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Records] The defendant 2009

9. On October 28, 201, the Seoul Central District Court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and issued a summary order of KRW 3 million for the same crime at the same court on October 28, 201 and the final summary order was finalized on December 13, 201.

[2] On October 3, 2017, the Defendant driven a car with a volume of 100 meters from the old parking lot of Jung-gu in Seoul, Jung-gu, 10-gil 30, 119 Dong-gu to the underground parking lot of 116 Dong-dong apartment, while under the influence of alcohol level of 0.22% among blood alcohol level around 23:00 on October 3, 2017

Summary of Evidence

1. Statement by the defendant in court;

1. A report or investigation report on the detection of a driver at the main place (the application of the aforementioned dmark formula);

1. A previous conviction: An inquiry report about criminal history, an investigation report (report on the result of a previous conviction before and after the disposition), and application of Acts and subordinate statutes of each summary order;

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 is a history of punishment of the same kind of punishment for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, there is no room for the wife not only while drinking alcohol was 0.22%.

Although it was not separately prosecuted, there was a traffic accident that causes damage to a motor vehicle owned by others during the crime of this case, and thus, the risk of driving under drinking was realized.

The punishment shall be determined as ordered in consideration of the defendant's age, sex, occupation, family relationship, circumstances after the crime, etc., even though it has the same kind of punishment exceeding twice fines, and the punishment shall be determined as ordered.

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