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(영문) 의정부지방법원 고양지원 2015.05.19 2015고단705
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 11, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on August 11, 2010, issued a summary order of KRW 3 million for the same crime at the Seoul Northern District Court.

On January 29, 2015, at around 21:35, the Defendant driven a CSM (SM) 3 car with a blood alcohol content of about 4 km from a section of about 0.111% under the influence of alcohol on the part of a 4km in front of a restaurant where it is impossible to find out the trade name in the CSM, which is in the middle of a restaurant where it is difficult to view.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous conviction in holding a report on the situation of running a driving under the direction of a driver and a circumstantial report of a driver;

1. A statement on criminal records, etc.;

1. Application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won and 10 million won; and

2. Whether the sentencing criteria are applied: Smaller and matters of fine for a crime not falling under the sentencing criteria; and

3. Determination of sentence: Consideration, such as the consent of the defendant with respect to the same criminal record and relationship of the defendant who is a fine of seven million won or more, drinking water, and fine of seven million won or more, which is a sentence imposed by the prosecutor;

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