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(영문) 서울동부지방법원 2018.01.23 2017고정1693
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 24, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on October 24, 2008, and a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court on October 13, 2016.

On September 10, 2017, around 01:08, the Defendant driven a mari-type car under the influence of alcohol content of approximately 0.076% from the 3km section from the 3km funeral funeral hall in the Gwangjin-gu Seoul Special Metropolitan City to the 788th road, as Seoul Gwangjin-gu Incheon Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. In light of the sentencing conditions indicated in the public trial of this case, it does not seem that the amount of fine prescribed in the summary order is excessive even if considering the sentencing conditions indicated in the public trial of this case, such as the following: (a) the Defendant had the history of being subject to criminal punishment twice for the same crime for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the Defendant was subject to criminal punishment for driving under drinking; and (c) the fine of KRW 5 million is the lowest statutory penalty stipulated in Article 148-2(1)1 of the Road Traffic Act.

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