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(영문) 서울중앙지방법원 2018.06.07 2018고단1556
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

On April 24, 2008, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (drinking driving) at the Seoul Western District Court on April 24, 2008, and was sentenced to a fine of two million won for a violation of road traffic law (drinking driving) at the Seoul Western District Court on July 16, 2012.

On January 27, 2018, around 09:05, the Defendant driven a E-grodial car with approximately 2 km section from the Cheonggro-dong in Gangnam-gu Seoul, Seoul to the 713rd road in Gangnam-gu, Gangnam-gu, Seoul, with alcohol concentration of about 0.112% during blood.

On April 24, 2008, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (drinking driving) at the Seoul Western District Court on April 24, 2008, and was sentenced to a fine of two million won for a violation of road traffic law (drinking driving) at the Seoul Western District Court on July 16, 2012.

On March 19, 2018, the Defendant was charged with the same crime with the Seoul Central District Court and is currently pending in the first instance trial.

On March 29, 2018, at around 22:00, the Defendant driven a Egrod motor vehicle with alcohol concentration of 0.096% in blood from around 2km to around 844 in Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of regulating driving of each drinking water (Notification);

1. Previous convictions in judgment: Inquiry into criminal history, application of each investigation report (Attachment to the same type of crime, attachment to the indictment, and indictment);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a selective fine for punishment (the defendant who repeatedly committed the same kind of crime while in trial shall be subject to severe punishment; however, the defendant who repeatedly committed the same kind of crime shall be punished only once in consideration of various circumstances, such as disposing of the vehicle and moving his/her place of residence to the vicinity of the workplace, faithfully participating in the collective program to prevent alcohol addiction and to improve drinking habits, and taking measures to prevent recurrence);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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