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(영문) 서울동부지방법원 2017.04.14 2017고단80
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 9, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million from the same court to the same crime on November 29, 2012, respectively.

【Criminal facts” around 01:04 on December 8, 2016, the Defendant driven a burner car from the front point of “the old day walk,” located in a fluorous area of Seongdong-gu Seoul, Seongdong-gu, Seoul, to approximately 200 meters, with alcohol concentration of about 0.078% in blood, while under the influence of alcohol leveling from around 200 meters to the front road of 26-ro, Seongdong-gu, Seoul.

Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on occurrence, inquiry into the results of crackdown on drinking driving, and a statement on the circumstances of the driver of drinking;

1. A paper of measurement of drinking alcohol;

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

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. A sentence equivalent to the minimum statutory penalty shall be imposed in consideration of the fact that the defendant reflects the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the driving distance of alcohol, alcohol concentration in blood, etc.

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