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(영문) 서울서부지방법원 2014.09.11 2014고단1421
도로교통법위반(음주운전)
Text

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

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 2, 2007, the Defendant, at the Seoul Western District Court, issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 5, 2010, a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million as a crime of insult, etc. on two occasions. The Defendant, on April 9, 2014, driven a DNA car under the influence of alcohol concentration of approximately 0.069% under the influence of alcohol concentration of approximately 1 KM in the same Han River from Yongsan-dong, Yongsan-gu, Seoul at around April 00:25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The application of Acts and subordinate statutes to criminal records and investigation reports (report on the same criminal records and confirmation of the same kind of driving);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. The fact that there was a history of punishment twice for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that drinking value is high and the driving distance was shorter than the driving distance, the fact that there was no previous conviction exceeding the fine, and other various factors of sentencing as shown in the argument of this case.

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