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(영문) 서울중앙지방법원 2014.08.13 2014고단4709
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

On March 16, 2010, the Defendant received a summary order of a fine of three million won for a crime of violation of the Road Traffic Act from the Incheon District Court, and a summary order of 1.5 million won for a crime of violation of the Road Traffic Act at the Seoul Central District Court on December 9, 201, respectively.

On August 13, 2013, the Defendant was sentenced to imprisonment for three years with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of group, deadly weapons, etc.) at the Incheon District Court, and the said judgment became final and conclusive on August 21, 2013.

On May 13, 2014, at around 00:50, the Defendant driven a B-car under the influence of alcohol content of approximately 100 meters from the main station located in the Southern-gu Incheon Metropolitan City State, from around 00:50 to the front route of the peace meeting located in 671, as the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (Evidence records 19);

1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Optional fine;

1. The sentencing of Articles 70 and 69(2) of the Criminal Act on the grounds of sentencing at a workhouse appears to be excessively harsh for the defendant as a result of the invalidation of the sentence of suspended sentence on the grounds of a crime committed by this type of crime. Other factors such as the age, character and conduct, family relationship, economic situation, result of the crime, circumstance after the crime, etc. of the defendant are considered in light of various conditions of sentencing as indicated in the trial process.

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