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(영문) 서울동부지방법원 2015.07.16 2015고단1315
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 1, 2008, the Defendant was issued a summary order of two million won by the Suwon District Court for a crime of violation of the Road Traffic Act (driving under the influence of alcohol), and on October 28, 201, by the Seoul Eastern District Court, a fine of two million won for a crime of violation of the Road Traffic Act (driving under the influence of alcohol).

Although the Defendant had been punished twice or more for the crime of violation of the Road Traffic Act, on May 18, 2015, at around 22:45, the Defendant driven a Cschnton car under the influence of alcohol with a blood alcohol concentration of about 0.130% from about 10 meters from the 10-meter section to the front day of the opening of the play unit in the 10th floor of the said large building as well as the 28-lane building in Songpa-gu Seoul, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;

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 the selective fine of punishment (the fact that the punishment is miscompetenced in depth, the fact that there is no record of crime exceeding the fine, the circumstances leading to the commission of the crime, the fact that dismissal is likely to occur if a suspended sentence of imprisonment is sentenced under the company personnel regulations, and other factors for sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, occupation, environment, family relationship, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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