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(영문) 서울중앙지방법원 2016.11.29 2016고정3245
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 22, 2001, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court's Maritime Branch on November 26, 2007, a fine of one million won for the same crime at the Seoul Central District Court on November 26, 2007, and a fine of three million won for the same crime at the Seoul Central District Court on March 12, 2008.

On May 3, 2016, the Defendant, while under the influence of alcohol of 0.098% of blood alcohol content, driven Bsch Rexroth car from approximately 5 meters from the front of the parking lot of 819-3, Gangnam-gu, Seoul, Gangnam-gu to the road of 819-4, Seoul, to the same 819-4.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Control note;

1. Before judgment: References to criminal records and the application of statutes to report criminal records;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation [see, e.g., the facts that the Defendant committed the instant crime in the course of moving a vehicle that is parked in order to drive another vehicle in the vicinity of a restaurant, and that it is a crime of eight years after the Defendant was punished as a crime of violating the Road Traffic Act in 2008];

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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