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(영문) 서울동부지방법원 2018.04.13 2018고단279
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

Criminal facts

On August 2, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on August 2, 2013, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on July 20, 2016.

On November 18, 2017, at around 05:30, the Defendant driven a B rocketing car with alcohol content of 0.116% from the 3km section from the front of the Ilwon-dong, Gangnam-gu Seoul, Seoul to the front of the 3knnam Logistics Complex, Songpa-gu, Seoul.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A map at the scene of an accident and a photograph at the scene of an accident;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant had a history of being subject to criminal punishment twice due to driving of alcohol in the previous time (two times a penal penalty). In addition, the amount of alcohol concentration in blood due to the instant drinking is not lower than 0.116%, and thus, the relevant criminal liability is not weak.

However, the defendant recognized the crime of this case, and there is no record of criminal punishment exceeding the fine.

The above circumstances are considered as favorable to the defendant.

In light of the above circumstances, the aforementioned circumstances comprehensively consider the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the trial process.

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