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(영문) 서울남부지방법원 2017.01.12 2016고단4980
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

On April 29, 2014, the Defendant was issued a summary order of a fine of seven million won by committing a violation of road traffic law (drinking driving), etc. at the Seoul Central District Court, and on April 8, 2015, the Defendant was issued a summary order of five million won by committing a violation of road traffic law (drinking driving) at the Incheon District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’

The defendant is a person who is engaged in driving a motor vehicle of the United States C. C.

On September 22, 2016, the Defendant driven the said car from the road near the station in Guro-gu Seoul Metropolitan Government to the 3km road in New Month 217-21 new IC, Yangcheon-gu, Seoul, under the influence of alcohol content of 0.107% during blood transfusion around 23:01.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (a summary order accompanied);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that even though the defendant had been punished twice by a fine due to the same criminal record, he/she again drives drinking together with this case is not good.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the confession and reflect of the defendant, the fact that the defendant has no record of crime exceeding the fine, and the fact that the defendant has recently acquired the driver's license again, etc., shall be determined by considering the circumstances favorable to the defendant, such as the age, sexual behavior, environment, etc. of the defendant.

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