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(영문) 서울북부지방법원 2013.09.27 2012고합556
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 30, 2006, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act on July 20, 201, respectively.

On September 24, 2012, at around 11:12, the Defendant driven a DNA car with approximately 100 meters of alcohol from 745-70 to 860-141, Gangnam-gu, Seoul, Gangnam-gu, Seoul, while under the influence of alcohol content of 0.12%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the results of the control of drinking driving, the circumstantial reports on drinking drivers, and criminal records, etc.;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the order of provisional payment is that the current Road Traffic Act provides that a person who has violated the prohibition clause of drinking driving twice or more for the purpose of preventing a drunk driving that threatens the safety of road traffic and overcoming the awareness of such violation shall be punished more strictly if he/she drives under drinking again, and that the defendant committed the instant crime even though he/she had a history of punishment several times due to drinking driving, it is inevitable to punish the defendant strictly.

However, the defendant's mistake is divided and again does not drive under the influence of alcohol. The distance of the defendant's driving at the time of the crime of this case was not far away, and the defendant's age, character and behavior, environment, family relationship, and other various sentencing factors specified in the trial process of this case, such as the defendant's age, character and behavior, family relationship, etc., shall be determined as ordered.

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