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(영문) 서울서부지방법원 2019.06.18 2019고단825
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 27, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court for a violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on April 29, 2015 for a violation of the Road Traffic Act.

Around 04:50 on December 8, 2018, the Defendant was under the influence of alcohol with 0.160% of blood alcohol concentration, and the Defendant was driving a DNA car from around the Seoul Yangcheon-gu Seoul Metropolitan City B market to the front monthly World Cup 7 complex intersection of Mapo-gu Seoul Metropolitan Government.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A report on investigation (Check of odometer for driving sound);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [unfavorable circumstances] of the Defendant, even though he had a criminal record of being punished for drunk driving twice in the past, was also driven under the influence of alcohol.

At the time of the instant crime, blood alcohol concentration is also high.

[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.

The defendant was found to have committed a crime in the course of returning home in the following day after he she blishing with drinking during the night, and there are some circumstances to take into account the circumstances.

The defendant has no record of criminal punishment in addition to the punishment of a fine on two occasions with the previous department.

There is a family member to support.

The age, character and conduct of the accused, and others.

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