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(영문) 서울동부지방법원 2018.07.06 2018고단1432
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

On November 14, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Eastern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) and a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on December 10, 201.

Criminal facts

On April 14, 2018, the Defendant driven a F rocketing car at approximately 15 meters away from the 22:10 alcohol concentration in Seoul Songpa-gu D while under the influence of alcohol at 0.131% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic accident occurrence status prepared G;

1. A survey report on actual conditions;

1. A map at the scene of an accident and a photograph at the scene of an accident;

1. The ledger of measurement of drinking alcohol and a report on detection of drinking drivers;

1. Previous convictions indicated in the judgment: Inquiries about criminal history, reporting on investigation (Attachment of summary orders), and application of two 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 in the order of provisional payment is that the defendant driven a vehicle under the influence of alcohol in spite of the past two times of criminal punishment (two times of punishment). This does not apply to the case where the liability for the crime is somewhat minor.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected his mistake, the distance of driving under the influence of alcohol was shorter, and there was no record of criminal punishment exceeding the fine, etc.

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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