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(영문) 서울동부지방법원 2021.03.24 2021고단359
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[criminal history] On October 6, 2014, the Defendant was ordered to take a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) at the Eastern District Court of Seoul.

[2] On January 26, 2021, the Defendant driven an E-7 vehicle under the influence of alcohol concentration of about 0.067% from the 50-meter section from the Songpa-gu Seoul apartment building B’s underground parking lot to the same apartment D’s underground parking lot.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A paper of measurement of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (the punishment of a crime is divided, the punishment of a person has no record other than the previous conviction in the judgment, the degree of the punishment, the circumstances and place of detection, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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