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(영문) 서울서부지방법원 2015.05.07 2015고단503
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 27, 2007, the Defendant is a person who violated the prohibition provision on drinking driving at the Seoul Central District Court on the summary order of one million won or more due to a violation of the Road Traffic Act, and on March 13, 2008, a fine of 2.5 million won or more due to the same crime at the same court on March 13, 2008.

On February 23, 2015, at around 01:32, the Defendant driven a C Sti-type car under the influence of alcohol with approximately 0.094% of blood alcohol concentration at the section of approximately 1km up to 91-4 front roads of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) details of the crime in this case; (b) records of drinking alcohol; (c) records of the same criminal act; (d) records of the criminal act in the same kind; and (e) reflects the fact that there are no particular criminal records; and

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