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(영문) 서울동부지방법원 2016.08.17 2016고단1727
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

Punishment of the crime

On December 23, 2009, the Defendant was punished twice due to drinking by a fine of 1.5 million won due to a violation of the Road Traffic Act at the Seoul Central District Court on December 23, 2009, and a fine of 3 million won due to a violation of the Road Traffic Act at the Seoul East District Court on December 16, 2013.

Nevertheless, at around 22:50 on April 27, 2016, the Defendant again driven a B-owned car under the influence of alcohol content of about 500 meters from the section of approximately 147-10 meters from the Han River in Gangdong-gu Seoul Metropolitan Government to the same day at around 23:21 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on the state of the driver involved in driving and inquiry about the results of regulating drinking driving;

1. Previous convictions: References to inquiries and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime under the relevant Act (the driver shall not re-driving under the influence of alcohol);

The selection of fines shall be made in consideration of all the circumstances, such as the fact that it is against depth while making a decision, the fact that there is no other penalty than two times of fines, and the fact that it is endeavoring to find a job currently, etc.

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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