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(영문) 서울동부지방법원 2013.10.14 2013고단1491

도로교통법위반(음주운전)등

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 30, 2012, the Defendant was notified of a summary order of a fine of 6 million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on May 30, 2012. On December 13, 2012, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime in the Sungnam branch of Suwon District Court on December 13, 201, and the said judgment became final and conclusive on

On May 14, 2013, at around 11:32, the Defendant, without obtaining a driver’s license, driven a GVS car with approximately KRW 500 meters section from the front of a restaurant on the kniveter in Songpa-gu Seoul, Songpa-gu, Seoul to the road located in 250-17, Dong-dong 250-17, while under the influence of alcohol content 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. Criminal records as judged: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

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. In light of the fact that the defendant was punished several times for the same type of crime under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and that the crime of this case was committed again during the period of suspension of execution, the nature of such crime is not good

However, the defendant seems to have seriously affected his/her wrong life through detention over 3 months and 20 days, and the defendant seems to be responsible for the livelihood of his/her employees and his/her family in the course of operating agricultural products distributors, and the defendant's age, criminal records, personality and conduct, etc. shall be determined as ordered in consideration of the sentencing factors such as the defendant's age, criminal records, character and conduct.