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(영문) 서울중앙지방법원 2018.01.25 2017고단8018
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 2, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) from the Sungnam Branch of Suwon District Court on September 7, 2009, and a summary order of KRW 1 million as a fine for the same crime from the Gwangju District Court’s Macheon Branch of Gwangju District Court on September 7, 2009.

【Criminal facts” around September 6, 2017, around 23:20, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.145% at the distance of approximately 300 meters from the street in front of hill 9, Seocho-gu Seoul, Seoul, to the intersection of 1-3022 dedicated to the same Gueromo-dong 1-302.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of each summary order, such as a written inquiry about criminal history, investigation report (verification of suspect's history of driving alcohol, etc.), and criminal investigation report;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts, the choice of a fine for the crime (in spite of the two-time penal records, it is difficult to take the steps on the ground that the risk of driving under drinking is realized by driving under drinking, such as driving a motor vehicle, regardless of the two-time penal records, and thus, it is unlikely to take the action.

However, the defendant's attitude that he would not repeat again, taking into account his age, sex, criminal conduct, background of the crime, family relationship, circumstances after the crime, etc., shall be determined as stated in the order, taking into account his age, sex, family relationship, etc., in addition to the past 20 years' imprisonment and the past 20 years' imprisonment and the past 20 years' imprisonment and the past 20 years' imprisonment and the past 20 times' imprisonment,

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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