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(영문) 서울남부지방법원 2017.12.14 2017고단5775
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 24, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court on April 24, 2012 due to a violation of the Road Traffic Act (drinking driving), and on October 25, 2012, the Defendant received a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) from the Jungyang Branch Branch of the District Court on October 25, 2012

Nevertheless, around 00:03 on October 16, 2017, the Defendant driven BMW car at approximately 10 meters away from the 10-meter section from the cU convenience store located in Gangseo-gu Seoul Metropolitan Government to the front road of the GU convenience store located in the same Gu-ro 11, the Defendant driven BMW car under the influence of alcohol concentration of 0.05% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. Selection of an alternative fine for punishment;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act provides two times, the fact that the driving of drinking alcohol once again leads to the driving of drinking alcohol is disadvantageous to the defendant.

However, there are favorable circumstances such as the light degree of drinking, and there are no criminal records of probation or more.

The defendant shall be punished by a fine in full view of such various circumstances as the age and occupation of the defendant and the conditions of sentencing prescribed in Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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