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(영문) 서울남부지방법원 2018.02.08 2018고단157
도로교통법위반(음주운전)등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On April 7, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on April 7, 2010, and KRW 3 million for the same crime at the Seoul Eastern District Court on February 21, 2017.

[Criminal facts] On January 1, 2018, the Defendant driven B K5 car under the influence of alcohol level of 0.060% while under the influence of alcohol level of 0.060%, without obtaining a driver’s license from the section of about 27 km away from the roads located in the Shin-dong, Seoul Metropolitan Government (Seoul), to the mass 277, the flow route of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to the Namnam road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. There are more favorable circumstances such as the fact that a person committed a crime three times within a relatively short period of the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which is disadvantageous to the Defendant, such as the fact that the person was driving with no license, and the fact that the person was driving with no license, etc. is relatively lower than the amount of alcohol, the fact that there is no criminal history other than drinking driving, the fact that there is no other criminal history other than drinking driving, and the fact that a certain occupation seems to be certain.

The defendant shall be punished by a fine in full view of such various circumstances as the defendant's age and family environment and the sentencing conditions stipulated in Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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