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(영문) 서울중앙지방법원 2015.11.18 2015고단5422
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 September 7, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to a fine of KRW 1.5 million, and on December 20, 2013, the Defendant received a summary order of KRW 1.5 million from the Sungnam Branch Branch of Suwon District Court to a fine of KRW 1.5 million.

On August 29, 2015, while under the influence of alcohol 0.125% on blood alcohol level, the Defendant driven BM7 car owned by the Defendant from around 3km to around 710, Gangnam-gu, Seoul at the cafeteria-dong, Gangnam-gu, Seoul.

Accordingly, the Defendant, even though criminal punishment was imposed on two occasions due to a drunk driving, was re-driving again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Statement of the result of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports and investigation reports (verification of criminal records of sound driving) applying Acts and subordinate statutes;

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 a fine for selective punishment (including the fact that a person commits a mistake in his/her name and has no record of criminal punishment, except for the previous conviction in his/her judgment);

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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