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(영문) 서울중앙지방법원 2013.04.19 2012고단6902
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 22, 2008, the Defendant received a summary order of KRW 500,000 from the Busan District Court's Dong Branch, and a summary order of KRW 3 million from the Seoul Central District Court on September 10, 2010.

On November 29, 2012, the Defendant was under the influence of alcohol of 0.109% of blood alcohol concentration at around 09:29 on November 29, 2012, and driven C-Adi vehicle at the 2km section from the front of a mutual influoral cafeteria in Gangnam-gu, Seoul to the 676 front road in Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to the report on detection of a host driver and the report on circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. In light of the fact that the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for the punishment of the same kind of crime are repeated despite the fact that the defendant had been punished twice due to drunk driving, and the current Road Traffic Act stipulates that the prohibition of drunk driving should be punished more strictly in the event that a person who has violated the prohibition of drunk driving twice or more times again drives driving, even though there is no need for strict punishment of the defendant. However, the fact that the defendant led to the confession and mistake of the crime, the fact that the defendant reflects his mistake, and the fact that the driving of drunk driving does not reach a traffic accident, shall be considered as favorable to the defendant, and the decision of the defendant shall be punished by a fine and the amount thereof shall be determined as KRW 7 million, considering all the various circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances

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