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(영문) 서울중앙지방법원 2015.06.24 2015고단1919

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 07:20 on March 1, 2015, the Defendant assaulted the victim D (the 55 years of age) who was an engineer for driving on behalf of the Defendant on the road in front of the convenience store located in the Busan Seo-gu, Busan, to drive the Defendant on the Era car, which is owned by the Defendant, to the destination, and to demand a substitute fee, and subsequently, when the victim takes a bath for the victim, the victim’s shoulder part is cut off once, and the victim reported from the above convenience store to the police and returned to the police, and when the victim tried to drive the said car again, he was able to prevent the victim from driving the car, and when the victim returned to the police.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in Paragraph 1, while under the influence of alcohol by 0.203%, the Defendant avoided the police officer’s shock and driven the said car about 50 meters.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in Paragraph 1, and even if the driver’s license was revoked due to drinking driving, the Defendant avoided the police officer’s shock and driven the said car about about 50 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of the ledger of driver's licenses and the details of disposition for cancellation thereof;

1. Relevant provisions of Article 260 (1) of the Criminal Act, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment (the accused shall repent of his mistake, and the accused shall be selected by a fine in consideration of the fact that he has no career of committing an offense, not only once a fine for violence, a fine for drunk driving, but also once a fine for negligence);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.