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(영문) 서울동부지방법원 2018.07.17 2018고정593
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 3, 2015, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on November 3, 2015, and on August 31, 2016, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court on August 31, 2016, and had the record of violating Article 44(1) of the Road Traffic Act on at least two occasions.

On January 21, 2018, at around 02:20, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.061% from the 2km section to the same 339-day road from a road on which it is impossible to know that it is located in the Seoyang-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to file a report on investigation;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant had a history of being subject to criminal punishment twice for the same offense; the minimum statutory penalty under Article 148-2(1)1 of the Road Traffic Act is a fine of five million won; and even considering the sentencing conditions indicated in the instant trial, such as blood alcohol concentration, drinking driving distance, etc., the amount of fine prescribed in the summary order does not seem to be excessive.

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