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(영문) 서울북부지방법원 2016.06.15 2016고정957
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

On July 24, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 24, 2006, and a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on September 11, 2006.

On December 24, 2015, the Defendant, while under the influence of alcohol of 00:10% during blood, driven a car B in approximately 300 meters away from the road located in the Dongdaemun-gu session at the Dongdaemun-gu session to the road before 160 days prior to the same session at the same time.

As a result, the Defendant, who was punished twice due to drinking, was driving a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. C’s statement;

1. An inspection report on the actual condition of a traffic accident, a traffic accident occurrence report, a statement on the circumstances of the driver at home, a report on detection of the driver at home, and a output of the results of drinking measurement;

1. Investigation report (the application of the above dmark formula);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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 concerning the order of provisional payment;

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