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(영문) 서울중앙지방법원 2016.09.02 2016고단4204

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 3, 200, the Defendant issued a summary order that is sentenced to a fine of two million won by committing a violation of the Road Traffic Act (driving) at the Suwon District Court on July 5, 2001. On January 14, 201, the Defendant issued a summary order that is sentenced to a fine of two million won by committing a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on July 5, 2001. On January 14, 201, the Defendant issued a summary order that is sentenced to a fine of five million won by committing a violation of the Road Traffic Act (driving).

Criminal facts

around 23:04 on April 27, 2016, the Defendant, without a driver’s license, driven Cenz S350-L car at approximately 200 meters from the office of 294 at the Seocho-gu Seoul, Seocho-gu, Seoul, to the front road of the office in front of the office building located in 254, as the beginning of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, and the notification of the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Before judgment: Criminal records, investigation reports (criminal records of sound driving), list outputs of relevant cases, and application of Acts and subordinate statutes of summary order;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment heavier than punishment and a punishment prescribed for a violation of the Road Traffic Act due to a drunk driving);

1. Selection of a selective fine (as shown in the market, the driving force of drinking alcohol is three times and the blood alcohol level is above 0.1%, but the driving force of drinking in 200 and 2001 has already passed for not less than 15 years, other than the criminal records as shown in the judgment, there are no particular criminal records, and taking into account the sentencing conditions such as the age, character and behavior, environment, motive and circumstance of the crime, etc. of the defendant);

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