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(영문) 서울북부지방법원 2016.01.26 2015고단3942
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On May 15, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws at the Seoul Northern District Court, and on March 22, 2010, issued a summary order of KRW 2.5 million for a crime of violating road traffic laws at the Seoul Northern District Court.

[2] On October 24, 2015, the Defendant, while under the influence of alcohol content of 0.09% in blood around 01:05, operated (ju)-friendly DNA car in the section of about 2 km of the apartment complex of approximately 5 km in Seoul Special Metropolitan City, Nowon-gu, from the site where alcohol content is 0.09% in alcohol level to the river of about 0.09% in blood, to the river of about 1196 in Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. An explanatory note and a control photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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

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

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions stated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be imposed in full view of the sentence as ordered.

[Unfavorable Circumstances] Although a person had been punished on 4 occasions (205, 2005, 2009, 2010) due to driving without a license and twice (2006, 2011) due to driving without a license, the fact that the person committed the act of driving the instant drinking while driving the instant drinking, which led to the act of driving the instant drinking, (a favorable circumstances) recognizing and reflecting the wrongness, (b) more than five years after the same punishment, (c) more than five years after the same punishment, (d) there was no criminal history exceeding the fine, and (e) there was no higher alcohol concentration in blood.

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