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(영문) 서울북부지방법원 2018.08.23 2018고단2327
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

【Criminal Force” On October 25, 2012, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (drinking driving), etc. at the Seoul Central District Court of Seoul, and on May 11, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for eight months due to a violation of road traffic law (drinking driving) at the Seoul Northern District Court, and the judgment became final and conclusive on May 19, 2017.

【Criminal facts” From May 13, 2018, the Defendant driven a FK-5 vehicle while under the influence of alcohol content of about 0.060% from the 5km section from May 13, 2018 to the front road, such as in the 930-ro Mag-ro, Gi-si, Gicheon-si.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, and written appraisal of alcohol during blood transfusion;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of fines concerning the crime;

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 on the Aggravated Punishment of Provisional Payment Order repeats the driving of the instant drinking during the suspension of execution due to the same crime, and the necessity for strict punishment of the Defendant is sufficient.

그런데 피고인이 음주 운전으로 단속된 시간은 한 낮인 15:20 경이고, 피고인이 음주를 종료한 시각은 04:00 경인 바, 음주를 종료한 후로부터 상당한 시간이 경과하였고, 그 사이에 수면을 취하고 난 피고인으로서는 술이 다 깼을 것이라고 생각하였다고

The defendant asserts from the day before the night to the preliminary new department and his family members, divided the personnel affairs at the family of satisfaction operated by him, and after drinking, has a vehicle at the same place, has a cab getting on and getting on a taxi.

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