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(영문) 서울동부지방법원 2015.06.22 2015고단1181
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

【Criminal Power】 On February 25, 2009, the Defendant issued a summary order of a fine of one million won at the Seoul Central District Court for a violation of the Road Traffic Act, and on December 30, 2013, the same court issued a summary order of a fine of four million won for the same crime.

【Criminal Facts of Crimes】 On April 14, 2015, the Defendant driven a B-Adi vehicle from the roads near the Nowon-gu in Seoul Special Metropolitan City to the 133rd roads in the same way as Seoul Special Metropolitan City, while under the influence of alcohol content of 0.085% without obtaining a driver’s license on April 14, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, 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 the Commercial Concurrent Crimes;

1. Selection of a fine by taking into account the circumstances, such as the fact that the defendant in the option of a punishment has twice the same power, but has no power exceeding a fine and is against the defendant, and that the blood alcohol concentration is not high;

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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