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(영문) 서울북부지방법원 2012.11.23 2012고합501
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 8, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Seoul Central District Court on August 3, 2009, and driven a motor vehicle under the influence of alcohol not less than twice by being issued a summary order of KRW 1 million as a fine for the same crime at the same court on August 3, 2009. On September 7, 2012, the Defendant driven a motor vehicle under the influence of alcohol of KRW 0.177% in the direction of five kilometers from the apartment in the front of the North Korean Gaak-dong in Dobong-gu Seoul Metropolitan Government on September 7, 2012 to the front of the house of the Defendant located in Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and investigation report (the re-determination of blood alcohol concentration);

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a copy of a summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: the circumstances favorable to the defendant (the defendant recognized the error and reflects the defendant's mistake, and the three years have elapsed since he was sentenced to a fine on August 3, 2009 due to driving under influence on alcohol) as shown in the proceedings of this case, and circumstances unfavorable to him (the defendant was punished by driving while driving in the state of drinking alcohol concentration of 0.177%, and the defendant was punished by driving while driving in the state of drinking alcohol concentration of 0.17%, etc.) and other circumstances such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc. shall be determined as the sentence as ordered.

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