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(영문) 서울동부지방법원 2013.07.11 2012고합328

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 18, 2010 and November 8, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of 300,000 won for a violation of the Road Traffic Act at the Seoul East District Court on January 27, 2011.

On June 21, 2012, at around 01:22, the Defendant driven a liquid 125c motor bicycle with no license plate in the form of alcohol alcohol concentration of 0.219% while under the influence of alcohol, without obtaining a license for a motorcycle from the 4th heading in the Amsan Station in Gwangjin-gu, Seoul to the same 256-4th road.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. B written statements;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the same criminal records and confirmation of criminal records) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 5,000,000 to 10,000 won; and

2. Determination of sentence: The instant crime of KRW 10,00,000 is deemed to have driven a motorcycle without a driver’s license by the Defendant while driving the motorcycle at the level of 0.219% alcohol concentration without a driver’s license, and it is not good that the risk is high.

In addition, the defendant was sentenced to imprisonment with prison labor and fines on the violation of the Road Traffic Act (unlicensed driving), the violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) around 201, and there are