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(영문) 서울북부지방법원 2016.07.14 2016고단1089
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 history] The defendant is a person who has been sentenced to a fine of two million won for a violation of road traffic law at the Seoul Central District Court on June 23, 2008 and a fine of two million won for the same crime at the Seoul Northern District Court on December 18, 2009 and has been sentenced to a fine of two million won or more due to drinking.

[2] On February 26, 2016, around 01:07, the Defendant driven a motor vehicle with low alcohol content of about 3km from around 01:07 to about 0.052% of alcohol level among blood, from around 25-lane 28 from the front road of the Gangseo-gu Seoul Northern District to the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of drinking driving and inquiring about the results of regulating drinking driving;

1. Inquiries about criminal history and application of the Act on Reporting Criminal Investigations;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s records of the punishment of drinking alcohol, driving distance, alcohol level during blood (0.052%) and all of the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, sex, criminal conduct, environment, health conditions, circumstances after the commission of the crime, etc.

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