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(영문) 서울중앙지방법원 2017.08.16 2017고단2820
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

On April 1, 2017, around 09:59, the Defendant driven the EMW car at approximately 4 km from the Do in Seoul, Gangnam-gu, Seoul, to the 242 Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, Dororo, for approximately 0.144% alcohol content among blood, while under the influence of alcohol from around 4 0.14%.

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. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

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

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

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the sentence like the Disposition shall be imposed in full view of the following circumstances: (a) the sentencing conditions indicated in the records of the instant case, such as the age, sexual conduct, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime.

There are records of being punished by a fine in 2010 due to drinking driving in 2010 and a refusal to measure drinking in 2012.

The defendant's drinking value is relatively high.

A favorable circumstances: The defendant has no record of any other crime except for two times of fine.

The defendant is able to repent his mistake and not drive drinking again.

The acquittal portion

1. The summary of the facts charged [criminal record] The Defendant received a summary order of KRW 2.5 million from the Seoul Central District Court on October 15, 2010 to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving alcohol), and on August 22, 2012, the Seoul Central District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving alcohol) at the Seoul Central District Court.

[Criminal facts] around 09:59 on April 1, 2017, the Defendant is located in Gangnam-gu Seoul Metropolitan Government Doro, Gangnam-gu, Seoul, with 242.

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