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(영문) 서울동부지방법원 2018.10.11 2018고단2561

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On June 22, 2018, the Defendant was sentenced to a suspended sentence of two years for six months in the Seoul Eastern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving). This judgment became final and conclusive around that time.

On June 8, 2018, around 01:38, the Defendant driven CM3 motor vehicles under the influence of alcohol level of 0.146% while under the influence of alcohol level of 0.146%, without obtaining a driver’s license, from around 56, 31-ro, Songpa-gu, Seoul, Songpa-gu, Seoul, the 56-ro, Young apartment 10-ro, Gosi apartment 10-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the defendant's legal statement, and the application of a copy of the judgment of the Seoul Eastern District Court 2018 High Order 590, 1 copy of the law;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of an alternative fine for punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on February 7, 2018 under the Criminal Procedure Act is that the Defendant once again commits an act of drinking or non-licenseing during the trial period due to an accident involving drinking on February 7, 2018: Provided, That the Defendant does not have any criminal record prior to such transfer, and does not repeat again.

The fine shall be determined as per the order in consideration of the fact.