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(영문) 수원지방법원 성남지원 2019.08.06 2019고정487
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On March 24, 2008, the Defendant received a summary order of KRW 500,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Sungwon District Court's Sungnam branch on March 24, 2008, and on April 2, 2012, the above court received a fine of KRW 5 million as the same crime.

On September 28, 2013, the Defendant: (a) committed two or more violations of the regulations on the prohibition of drunk driving; (b) while under the influence of alcohol 0.102% of alcohol without obtaining a driver’s license, the Defendant driven a DNA 2.5t freezing vehicle at approximately 16km in front of the Cmiddle School located in Gwangju District, Gwangju District Public Health Center, Gwangju Metropolitan City, in front of the Gwangju District Public Health Center.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driving of a motor vehicle, the report on detection of the driver, and the register of driver's licenses of the motor vehicle (the investigative record81 pages);

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (same-class electric records, and investigation records 9 pages);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); 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 an alternative fine for punishment;

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 of the provisional payment order;

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