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(영문) 서울중앙지방법원 2018.05.17 2018고단1850
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 13, 201, the Defendant was issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (drinking driving), etc. on the water source method, and on September 11, 2007, the Seoul Central District Court issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on April 20, 2007, issued a summary order of KRW 1.5 million on the grounds of a violation of the Road Traffic Act (drinking driving), and violated Article 44(1) of the Road Traffic Act at the Seoul Central District Court twice or more.

On March 14, 2018, at around 05:30, the Defendant driven a Bmari vehicle with alcohol content of about 0.077% in blood while under the influence of alcohol from around 1k to around 342 the shooting distance of the emblem center located in the Gangnam-gu Seoul, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver involved in driving, a report on the results of drinking alcohol measurement, and a report on the detection of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report, and summary order, three copies of the Act 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. 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 to be strictly punished in light of the fact that the Defendant again commits the instant crime even though he had had the record of criminal punishment for driving under drinking on three occasions.

However, the above punishment shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s perception of the fact of crime; (b) the Defendant’s previous conviction was 2007 and 2011; (c) there was a considerable interval of time from the instant crime; and (d) the Defendant’s age, sexual conduct, environment, circumstances and result of the crime; and (e) other various circumstances that form the conditions for sentencing specified in the records and arguments, including the circumstances after the crime

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