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(영문) 서울중앙지방법원 2017.12.07 2017고단7063
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On April 3, 2014, the Defendant was notified of a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court.

[Criminal facts]

1. On September 17, 2017, the Defendant, on September 17, 2017, driven a BLX125 Oba on the part of the Defendant under the influence of alcohol with approximately 0.070% alcohol content from the 3km section of approximately 0.070% of alcohol content from the 3km road in Seoul, Gwanak-gu, Seoul, Seoul, the Southern-gu, Seoul, Seoul, to the 1614, on the roads adjacent to the new forest basin located in 1614, along the south-gu, Seoul, Seoul, Seoul, to the 220, Nam-gu, Seoul, Seoul.

2. On September 21, 2017, the Defendant violated Article 44(1) of the Road Traffic Act at least twice. Around September 21, 2017, around 22:55, the Defendant driven the above LX125 Obaba while under the influence of alcohol content of approximately 0.067% in the 1km section from the front of the restaurant operated by the Defendant in Dongjak-gu Seoul, Seoul, to the south-gu, Seoul, Seoul, to the 1525 neighboring road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2(2)3 and 44(1) (i.e., self-driving on Sept. 17, 2017) of the Road Traffic Act concerning criminal facts, and the choice of fines (i.e., self-driving on Sept. 21, 2017) under Article 148-2(1)1 and Article 44(1) (i.e., self-driving on Sept. 21, 2017) of the Road Traffic Act, each of the following circumstances may be taken into account in the motive of the instant crime, as the conflict with his/her spouse is the major cause of the instant crime, and some of the circumstances may be considered in the context of the instant crime; (ii) the concentration of alcohol in blood alcohol is relatively relatively high; and (iii) the Defendant’s occupation and psychological health conditions, etc.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 concerning the order of provisional payment;

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