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(영문) 서울동부지방법원 2016.05.04 2016고단246
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 5, 2011, the Defendant received a summary order of KRW 1,500,000 from the Seoul Western District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act, and on July 16, 2012, a fine of KRW 5,00,000 due to a violation of the Road Traffic Act.

Despite the fact that the Defendant was punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, the Defendant again driven a car with C low alcohol level 0.178% under the influence of alcohol level 0.178% from the 7km road in Gwangjin-gu Seoul Special Metropolitan City to the 486 front of the 19:10 on January 9, 2016, when he was under the influence of alcohol level 0.178% from the 7km road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement on the circumstances of the driver who is a driver in charge, a report on the measurement of drinking alcohol and a report on the detection of the driver in charge;

1. An investigation report on the criminal place and the actual state of traffic accidents;

1. Previous convictions: References to inquiries, application of investigation reports (the same criminal records and confirmation of the suspect) and Acts and subordinate statutes;

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

1. In the sense that the defendant, who was selected in the sentence, has already driven a 0.073% alcohol concentration in the same lane and has already been punished by a fine of one million won or more, and even if he was punished by a fine of five million won or more for driving a 0.151% alcohol concentration in the same lane and driving a 0.178% alcohol concentration in the same lane and driving a motor vehicle again from the higher alcohol concentration in the same lane, and eventually, he would not drive a motor vehicle again in the sense that the defendant was in the accident where he received a roadside number.

In addition, it is strongly likely that drinking may cause an accident while driving alcohol.

However, the defendant does not repeat again as the most liable for the livelihood of his family with his depth of committing this case.

It is reasonable to believe that the defendant does not commit any crime again resulting from the same re-offending, and that the defendant does not commit any such crime, and that it is two times as above.

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