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(영문) 서울서부지방법원 2017.11.30 2017고단3060
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 18, 2007, the Defendant was issued a summary order of KRW 500,000 for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court. On March 17, 2015, the Defendant was issued a summary order of KRW 2,00,000 for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

On October 7, 2017, at around 00:30, the Defendant driven a B low-speed car with alcohol content of 0.073% while under the influence of alcohol at approximately 100 meters from the front of the Western church, which was 951, in the unification of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, to the front road of Eunpyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of a fine (including: (a) the Defendant reflects the instant crime in depth; (b) the degree and distance from the driving of the Defendant; (c) the Defendant’s support for his spouse and children while aiding and abetting learning sites; and (d) the fact that there is no previous conviction other than the previous conviction for driving under the influence of alcohol stated in the judgment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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