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(영문) 서울남부지방법원 2018.07.03 2018고정541
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On April 28, 2010, the Defendant received a summary order of KRW 1,500,000 from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act. On July 18, 2011, the Defendant received a summary order of KRW 1,50,000 from the same court due to a violation of the Road Traffic Act (driving). On December 20, 201, the Defendant was sentenced to 1,50,000,000 due to a violation of the Road Traffic Act (driving) in the same court.

Nevertheless, around December 12, 2017, the Defendant driven CN125 motor bicycle while under the influence of alcohol leveling 0.129% from approximately 150 meters in front of Gangseo-gu Seoul Metropolitan Government roads B around December 12, 2017.

As a result, the Defendant violated the prohibition of drinking at least twice, but again, operated a motor device under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of measurement of drinking alcohol and a report on detection of drinking alcohol;

1. Written inquiry about criminal history, etc. (A);

1. Application of Acts and subordinate statutes to report criminal investigation (verification of records of the same kind of punishment for suspect);

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. Article 334(1) of the Criminal Procedure Act provides that a large amount of punishment for driving under influence of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the amount of fine for summary order is the minimum amount of statutory punishment, and there is no reason to reduce the amount of punishment otherwise, the punishment is

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