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(영문) 서울동부지방법원 2018.12.13 2018고단3199
도로교통법위반(음주운전)
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

[criminal history] On July 18, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law at the Seoul Eastern District Court, and a summary order of KRW 2 million for a crime of violating road traffic law at the Seoul Eastern District Court on July 18, 2014, respectively.

[Criminal facts] On September 8, 2018, the Defendant driven Cbeer or a car at a section of about 100 meters near the roads in Songpa-gu Seoul, Seoul, while under the influence of alcohol content of 0.141% during blood transfusion on September 8, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the inspection records of drinking alcohol, a report on the detection of a driver involved in drinking, and a report on the circumstances of the driver involved;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the fact that a person has been punished three times due to a violation of traffic laws on roads: The fact that the person's mistake is divided, reflected, and scrapped, and that the person seems to have made efforts to prevent the driving of drinking, such as scrapping of the vehicle, etc., and other conditions for sentencing specified in the arguments, such as the defendant's age, sex behavior, motive, means and consequence of the crime, and the circumstances after the crime, are considered.

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