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(영문) 서울동부지방법원 2018.01.25 2017고단3760
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 23, 2009, the Defendant was sentenced to a fine of 700,000 won in the Busan District Court on Road Traffic Act (drinking driving). On January 22, 2016, the Defendant was sentenced to a fine of 1 million won in the Seoul East District Court due to the Road Traffic Act (drinking driving), which was controlled by drinking.

On August 18, 2017, at around 23:35, the Defendant driven a car in the B see River owned by the Defendant in the state of under the influence of alcohol by approximately 1 kilometer from the 68-dong, Gwangjin-gu, Seoul Special Metropolitan City to the 9-ro, Jyang-ro, Seoul Special Metropolitan City, to the 1-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

1. Investigation report (in the mountain of the above dmark official numerical value);

1. Application of Acts and subordinate statutes governing records of drinking alcohol measurement;

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. It is so decided as per Disposition on the grounds that there was a record of punishment for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the blood alcohol concentration is high, the circumstances after the instant crime are not good after the instant crime, and all other circumstances, such as the Defendant’s age, sexual conduct, environment, motive for the crime, etc.

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