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(영문) 서울동부지방법원 2018.06.01 2018고단843
도로교통법위반(음주운전)
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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

On April 11, 2007, the Defendant issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Seoul Northern District Court on April 11, 2007, and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act in the same court on March 24, 201.

Criminal facts

On January 26, 2018, the Defendant driven a B 130cc vehicle from around Gangnam-gu to the Seoul Olympic Games to around 74, while under the influence of alcohol content of 0.150% during blood transfusion around 00:32.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports (fix of copies of summary orders);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the defendant driving a vehicle under the influence of alcohol even though he had twice the history of criminal punishment due to drinking, and the liability for the crime is not exceptionally applied.

However, the fact that the defendant recognized the crime of this case against his mistake and there is no record of criminal punishment exceeding the fine, etc. are considered as favorable to the defendant.

In the above circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and all the circumstances constituting the conditions for sentencing as shown in the instant records and the trial process, shall be comprehensively considered, and the sentence shall be determined as ordered.

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