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(영문) 서울중앙지방법원 2017.11.08 2017고단6451
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On September 14, 201, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (driving alcohol) in the Hongsung Branch of the Daejeon District Court on September 14, 201, the summary order of KRW 2 million for the same crime in the Gunsan Branch of the Jeonju District Court on May 18, 201, and the summary order of KRW 5 million for a fine of KRW 8 million on October 8, 201 for the same crime.

On August 11, 2017, the Defendant was under the influence of alcohol content of 0.072% during blood transfusions around 06:57, the Defendant driven CNA-si car from the 25th day of Jongno-ro, Jongno-gu, Seoul to the tunnel No. 101 Namsan 2km-ro, Jung-gu, 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. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. Investigation report and investigation report;

1. A report on the record of drinking alcohol measurement, a report on the situation of the driver involved in driving, and an investigation report (the report on the situation of the driver involved in driving);

1. Previous convictions: References to inquiries, such as criminal history, inquiry of the results of crackdown on drinking driving, investigation reports (report on the same criminal records and confirmation of the suspect), and application of each summary order-related statute;

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

1. Selection of a selective fine for punishment (the criminal liability is not easy in that the defendant was punished three times due to drinking driving in the past, but again led to the crime in this case.

However, there are circumstances to consider the fact that the defendant is aware of all criminal facts, that there is no past record of being sentenced to the punishment heavier than the fine prior to the instant case, and that he has driven a drinking (the preceding day, the vehicle is parked in the state where the next day is less than that of the drinking after riding a taxi while keeping the vehicle in the vicinity of the wedding place.

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