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(영문) 서울북부지방법원 2016.07.19 2016고단1670
도로교통법위반(음주운전)
Text

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

Punishment of the crime

[criminal history] On April 9, 2013, the Defendant issued a summary order of KRW 5 million for a violation of road traffic law (drinking driving), and a summary order of KRW 3 million for the same crime in the same court on February 26, 2016.

[2] On April 30, 2016, the Defendant driven an E-5 vehicle under the influence of alcohol with 0.158% alcohol concentration in blood at the “D” parking lot located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul.

Accordingly, even though the Defendant was punished twice due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports (reports on confirmation of criminal records of the same kind as the suspect and period of suspension of execution);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime (excluding punishment) of the relevant Act;

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 is that it is not appropriate to lose the validity of a suspended sentence on the grounds that the defendant committed the crime in this case during the suspended sentence period due to the crime in this paper, but circumstances that may be considered in light of driving circumstances.

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