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(영문) 서울중앙지방법원 2016.07.13 2016고단2675
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 29, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on October 29, 2008, and was sentenced to a fine of two million won for the same crime at the same court on September 30, 2013.

On April 16, 2016, while under the influence of alcohol leveling to 0.070% from blood alcohol leveling around 00:14, the Defendant driven a Bnib coo car at approximately 500 meters from the vicinity of the Seoul Gangnam-gu Street to the front road of the Seocho-gu Seoul Metropolitan Government Gibro Public Security Center, Seocho-gu, Seoul.

Accordingly, the Defendant, who violated the prohibition of operation under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the selection of fines (influences, although a fine for drinking driving is imposed twice or more, it does not repeat again; however, it does not repeat again; the amount of alcohol concentration in the blood, and other consideration, such as the defendant's age, sex, environment, etc.);

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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