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(영문) 서울중앙지방법원 2016.10.12 2016고단5857
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 17, 2012, the Defendant was issued a summary order that imposes a fine of five million won by committing a violation of the Road Traffic Act at the Seoul Central District Court on October 17, 2012, and on May 11, 2016, the Seoul Central District Court issued a summary order that imposes a fine of 1.5 million won by committing a violation of the Road Traffic Act.

【Criminal Facts】

On July 20, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven C Leba while under the influence of alcohol of about 0.101% of blood alcohol level at the 10m section near Dongjak-gu Seoul Metropolitan Government, Seoul at around 20:54.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (to be bound with records, such as summary order of a suspect-related case) and application of Acts and subordinate statutes of each summary order;

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 selective fine for punishment (as stated in its reasoning, the defendant is driving under the influence of alcohol once again even though he had been on the two occasions of driving under the influence of alcohol. However, although the defendant was driving under the influence of driving under the influence of driving under the influence of driving under the influence of alcohol on behalf of the defendant, the defendant was driving under the influence of 10 meters in order for the defendant not to drive under the influence of driving under the front of the parking lot in front of the defendant's house, and there are circumstances to consider the motive or circumstances of the crime; the blood alcohol concentration level at the time of the defendant; the age, character and conduct, circumstances after the crime, etc.

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

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

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