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(영문) 서울북부지방법원 2014.07.22 2014고단1634
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 November 19, 2010, the Defendant was issued a summary order of a fine of seven million won at the Incheon District Court on March 17, 201 due to the violation of the Road Traffic Act (driving) and the suspension of indictment at the Incheon District Prosecutors' Office on November 19, 201.

On March 31, 2014, at around 21:19, the Defendant driven a B-learning car under the influence of alcohol content of about 0.168% in the section of approximately 2km from the street in the vicinity of the “Yeong-ri Net Station” located in 389-9, Seoul Special Metropolitan City, Nowon-gu, to the street near the “Neong-ri Port” located in the same 961, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement under the circumstances of the driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

Although the defendant's reason for sentencing has driven a vehicle at a high level of 0.168% even though he/she had violated drinking driving several times, the same sentence as the order shall be determined in consideration of various circumstances shown in the arguments of this case, such as the defendant's age, family relation, personality and behavior, environment, history, motive of the crime, circumstances leading to the crime of this case, etc., and circumstances after the crime.

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