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(영문) 서울동부지방법원 2012.11.21 2012고합519
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Violation of the Composition Requirements] On November 10, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 10, 2010, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on September 17, 2010.

[Fact that constitutes a crime] On September 16, 2012, the Defendant driven a motor bicycle at approximately 500 meters B C 100 meters in front of the Japanese bank, where it is difficult to identify the same spreading on the roads 635, Jyang-dong, Seoul Special Metropolitan City, under the influence of alcohol level of 0.05% around 08:15% of alcohol level.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s legal statement

1. Examination protocol of suspect;

1. Report on the inspection of occurrence of case, inquiry into the results of the regulation of drinking driving, report on the situation of drinking drivers, statement on the status of drinking drivers, and control manual (violations which meet the composition requirements);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting a crime;

1. Articles 70 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 [main grounds for a form of punishment] / Except for the criminal records stated in the judgment of this case / Reasons for the driving of the defendant / Except for the criminal records, the fine of 700,000 won for the violation of the Road Traffic Act of April 1998 and the fine of 100,000 won for the violation of the Road Traffic Act of September 201 (Unlicensed Driving) (Unlicensed Driving) as shown by the defendant in the court / The sentencing conditions stipulated in Article 51 of the Criminal Act (e.g., the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime), etc. [Explanation and guidance] - Since the drinking culture formed in the deaf society can not be maintained in the society of the times of de facto farming, it is demanded that the drinking culture and norms consistent with the De facto should be formed in the short term sentence.

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