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(영문) 서울중앙지방법원 2017.01.18 2016고단8322
도로교통법위반(음주운전)등
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 history] On December 8, 2015, the Defendant was issued a summary order that imposes a fine of three million won for a crime of violating road traffic law (drinking driving) at the Seoul Central District Court of Seoul, and on July 29, 2016, the Defendant was issued a summary order that imposes a fine of one million won for a crime of violating road traffic law (drawing driving without a license) at the Seoul Central District Court of Seoul Central District Court.

[Criminal facts] On October 3, 2016, the Defendant driven B K3 cars at approximately 160 meters from the 323rd-ro, Seoul Special Metropolitan City, Nowon-gu, to the end of the string-ro, Seoul Special Metropolitan City, while under the influence of alcohol of 0.121% without a driver’s license on October 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Confirmation of drinking alcohol measurement, report on the situation of a driver driving, report on detection of a driver driving, and inquiry about the results of crackdown on drinking;

1. The driver's license ledger;

1. A report on investigation (a statement by a wooden person);

1. Investigation report (for example, booms images and traffic accidents);

1. Previous conviction in judgment: Inquiry about criminal history, investigation report (Attachment of a summary order of the same kind as the suspect A) and application of each summary order Acts and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of alcohol and a heavier punishment);

1. Selection of a selective fine for punishment (the influence of drinking driving is once, but circumstances such as the background of driving, the distance of driving, etc. shall be taken into consideration, and other conditions of sentencing, such as the age, sex behavior, environment, and circumstances after the crime, shall be taken into consideration);

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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