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(영문) 서울남부지방법원 2016.06.14 2016고정567
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 December 4, 2008, the Defendant is a person who has been sentenced to a fine of two million won for a violation of the Road Traffic Act in the Seoul Southern District Court on December 4, 2008, a fine of two million won for the same crime in the Suwon District Court on April 1, 201, and a fine of two million won for the same crime in the Pyeongtaek District Court on November 5, 201, and the Incheon District Court on November 5, 201, respectively.

Nevertheless, under the influence of alcohol content of 0.107% in blood around November 1, 2015, the Defendant driven a vehicle with approximately 3 km from the front side of the Chinese west Road located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul), to the roads adjacent to the neckdong Road, as Seoul National Assembly, at around 02:17.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of drinking alcohol measurement and a statement in the circumstances of the driver involved in drinking;

1. Application of Acts and subordinate statutes binding copies of summary orders, etc. (72 pages of investigation records);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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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