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(영문) 인천지방법원 2015.07.10 2014고정4505
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 30, 2014, the Defendant was sentenced to a suspended sentence of 8 months in the Incheon District Court for the crime of interference with business, etc., and the judgment became final and conclusive on June 10, 2014.

On February 1, 2007, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on June 8, 2007, the same court issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving). Each of the above summary orders became final and conclusive around that time.

On April 8, 2014, the Defendant, while under the influence of alcohol at 0.228% of blood alcohol concentration, driven Category B Maz vehicles at the section of approximately 1km from the uppermost-ro 399, Nam-gu, Incheon to the uppermost-ro 452-ro, Bupyeong-gu, Incheon.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

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

1. Before ruling: Copy of the written judgment, results of case search, application of Acts and subordinate statutes of investigation report (former and attachment of the summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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