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(영문) 서울북부지방법원 2015.10.20 2015고단3015
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 July 23, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court on July 23, 2010, and on July 30, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jungyang Branch District Court on July 30, 201.

On August 9, 2015, around 14:36, the Defendant driven a B Ecoo vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.097% from the 500-meter section from which it is impossible to find out the trade name in the Hacheon-ri in Gwangju-si, Gwangju-si to the front road in the same side of the Sejong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. The summary order issued by the Seoul Western District Court 2010 High Court 8266 and the summary order issued by the High Court 2003 High Court 2003 High Court 933;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. In addition to criminal punishment for a violation of the Road Traffic Act as stated in the above criminal facts, the defendant who has been sentenced to criminal punishment for a violation of the Road Traffic Act in 2003, 2004, and 2010 shall be sentenced to the punishment as stated in the Disposition, taking into account all the circumstances that are unfavorable to the defendant, or the fact that the defendant repents his own crime in depth and reflects his own crime, the defendant's blood alcohol concentration is relatively high, the driving distance is relatively short, and all the circumstances shown in the arguments of this case, such as the defendant's age, family relation, and inclination.

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