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(영문) 서울중앙지방법원 2017.06.07 2017고단2742
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 25, 2008, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving) from the Sungnam branch of Suwon Friwon on June 25, 2008. On August 19, 2010, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), and on October 24, 201, the Seoul Central District Court received a summary order of KRW 3.5 million for a violation of the Road Traffic Act (drinking driving) from the Seoul Central District Court.

On April 8, 2017, around 22:57, the Defendant driven a D-hurd-hurged car while under the influence of alcohol content of about 0.095% in blood at approximately 15 meters in front of “C cafeteria” located in Gangnam-gu Seoul, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of a copy of each statute of summary order;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and reflected, there are circumstances that may be taken into account in the circumstances leading up to the driving of drinking, the driving distance of drinking is not much much, while the fine for drinking was three times prior to the 2011, and other various sentencing conditions, such as the drinking volume, shall be determined in line with the order.

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