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(영문) 서울동부지방법원 2018.04.20 2017고단4212
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On September 2, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on September 2, 2013, and on September 24, 2013, the same court issued a summary order of KRW 1.5 million for the same crime and received a penalty of KRW 1.5 million for drinking at least twice.

On October 17, 2017, around 20:30, the Defendant driven a 124c motor bicycle with a 124c motor vehicle where the me is under the influence of alcohol at about 20 meters from the Do in Gangdong-gu, Seoul to about 42-ro 46, old-ro Do in the same Gu-ro 42-o Do-ro 46.46.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The report on the circumstances of the driver involved in the drinking and the inspection of the driver involved in drinking;

1. Investigation report (the application of the above dmark);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related 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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant previously been subject to criminal punishment for driving under drinking two times (two times a set-off penalty) but operated a motor bicycle under the influence of drinking at different times, and the numerical value of alcohol concentration in the blood due to drinking of this case is not lower than 0.190%, and thus, the criminal liability is not weak.

However, the Defendant recognized the entire crime of this case against his mistake, and the distance of driving a motor bicycle due to driving of the drinking of this case is about 20 meters, and there is no record of criminal punishment exceeding the fine.

The above circumstances are considered as favorable to the defendant.

In light of the above circumstances, Defendant D.C.

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