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(영문) 서울중앙지방법원 2018.02.08 2017고단7478
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] On February 13, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court, and completed the enforcement of the sentence at the Seoul Central District Court on June 3, 2017. On December 16, 2008, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on December 16, 2008, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on January 14, 2010.

[2] On October 6, 2017, the Defendant: (a) was driving a vehicle for the U.S. P. C., while under the influence of alcohol 0.151% at approximately 5.5m alcohol level from the roads near Samsung Art Gallery G., located in Yongsan-gu Seoul, Yongsan-gu, Seoul, to the parking lot 749-21, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (former and confirmed matters and records of punishment for drinking driving at least twice) and application of each statute of judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of a fine (the confession, the mental and health conditions of the accused, the background of growth, the bomb's origin, the three-time history of punishment, etc.);

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. On October 6, 2017, the Defendant: (a) driven a vehicle of the U.S. P. C., and (b) driven the vehicle of the U.S. C., without a driver’s license, at approximately 5.5 km section from the roads near Samsung Art Gallery C., located in Yongsan-gu Seoul, Yongsan-gu, Seoul, to the parking lot 749-21, Gangnam-gu, Seoul.

2. The confession of the defendant cannot be considered as the only evidence of guilt. As to the above facts charged, there is no evidence to find him guilty except the confession of the defendant.

If so, the above facts charged are.

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