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(영문) 서울북부지방법원 2012.11.23 2012고합498
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 February 10, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Northern District Court on February 10, 2009, and was sentenced to a summary order of KRW 2 million for the same crime at the same court on July 13, 2009.

On September 15, 2012, around 23:30 on September 15, 2012, the Defendant driven a B-ro car with a blood alcohol concentration of about 0.169% from the 1km section from around the Dongdaemun-gu Seoul Dongdaemun-gu Round to the 464th day of the same.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) the circumstances favorable to the defendant (the fact that the defendant recognized the error of the error and reflects it; and (b) three years have passed since he was sentenced to a fine on July 13, 2009 due to a drunk driving) and unfavorable circumstances (the defendant's driving in the state of drinking alcohol concentration of 0.168%; and (c) the defendant was sentenced to a fine due to a drunk driving andless driving in the past; and (d) other circumstances, such as the defendant's age, character, character, intelligence and environment; (e) the motive, background, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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