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(영문) 서울동부지방법원 2016.01.20 2015고단3685
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of road traffic law at the Seoul Northern District Court on January 14, 2008, which was sentenced to a fine of KRW 2.5 million for the same crime at the Seoul Eastern District Court on May 29, 2009, and a fine of KRW 2.5 million for the same crime at the Seoul Northern District Court on June 18, 2009, and on November 12, 2015, the defendant was sentenced to a summary order of KRW 2.5 million for the same crime at the Seoul Northern District Court on November 20, 2015 and was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Northern District Court on August 20, 2015.

[Criminal facts] around November 26, 2015, the Defendant, at the entrance of the parking lot located in Gangdong-gu Seoul Metropolitan Government, 0.139% alcohol level at C, while under the influence of alcohol level at the entrance of the parking lot located in Gangdong-gu Seoul Metropolitan Government, 0.139%, 1 meter away from the front of the above parking lot.

Accordingly, the Defendant, who was punished twice or more due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of drivers working at the main place and a statement of control details;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the period of suspension of execution), summary order, and other Acts and subordinate statutes in Part IV;

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

1. Selection of a selective fine (which means one meter later to deduct the vehicle from the parking lot, the fact that there exists no record of punishment for driving under drinking after 2009, and there is no previous record of a suspended sentence or a previous record of a suspended sentence due to driving under drinking, etc.);

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

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