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(영문) 서울북부지방법원 2013.07.25 2013고단870
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 26, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 26, 2006; on November 9, 2007, the Defendant was sentenced to a summary order of KRW 4 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 9, 2007; on March 31, 2011, on June 17, 2011, and completed the execution of the sentence.

【Criminal Facts】

On March 1, 2013, at around 22:14, the Defendant driven an E rocketing car with approximately 6.6 km alcohol concentration of about 0.096 percent from the road near the intersection of the Gyeonggi-si, Gyeonggi-do to the road near the Seocho-gu, Seoul Central Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Application of Acts and subordinate statutes to investigation joints (verification of repeated crimes of suspects), investigation joints (Attachment to judgments on criminal records of the same kind of suspect, etc.);

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. In light of the criminal records of the defendant's same kind of crime for the sentencing of Article 334 (1) of the Criminal Procedure Act of the order of provisional payment, a punishment shall be imposed as ordered in consideration of the following: although the defendant should be punished strictly, the defendant must not commit a crime in depth and should not repeat a crime; and when the defendant reports two children whose health is not good due to the negligence of the defendant, etc., a punishment shall be imposed as ordered

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