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(영문) 서울북부지방법원 2016.06.30 2016고단1548
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B i40

1. Around 00:10 on March 24, 2016, the Defendant driven a B-140 vehicle owned by C while under the influence of alcohol alcohol rate of 18 KK at approximately KRW 18 K mpon from the upstream of the upper-dong, Seoul to the 815-Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, the C-gu, the alcohol concentration of which is 0.139% in blood.

2. The Defendant 1 driven along the above 1. paragraph 1., while driving, Defendant 2 did not comply with the police officer’s regular demand in front of the inspection station located in Jung-gu, Seoul, Jung-gu, Seoul, and did not comply with the police officer’s demand before the inspection station located in the five North-ro, Jung-gu, Seoul, Seoul, and did not neglect the police officer’s stop signal that is tracking about 12K at the 815 North-ro, Nowon-gu, Seoul, and caused a traffic hazard to other drivers who walked in normal conditions by driving in the middle line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the circumstances of driving under the liquor:

1. Patrols and videos;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 151-2 and subparagraph 1 and 2 of Article 46-3 of the Road Traffic Act (the point of driving in width) concerning the facts constituting an offense, the choice of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act: The text is based on the following circumstances: (a) there was a history of punishment for driving alcohol twice; (b) there was a high risk of traffic accidents due to the Defendant’s vehicle driving on the road at night; and (c) there was a high risk of receiving drinking (0.139%); and (d) circumstances favorable to theO: the Defendant’s age, sex, occupation, and environment; and (b) circumstances constituting the conditions of sentencing as shown in the pleadings, such as the instant crime committed.

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