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(영문) 서울서부지방법원 2014.09.02 2014고단1404
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1 million, and on May 26, 2014, the Seoul Western District Court received a summary order of KRW 5 million from a fine of KRW 1 million due to a violation of the Road Traffic Act.

On May 27, 2014, around 23:42, the Defendant driven CM5 cars while under the influence of 0.148% alcohol concentration without obtaining a driver's license for about 500 meters from the south-dong, Yongsan-gu, Seoul to the roads of 100-38 meters from the south-dong, Yongsan-gu, Seoul to the original effect.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver and the register of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to 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 an alternative fine for punishment;

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

1. In light of the fact that the defendant, who had been punished twice due to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, drives a license without drinking, the liability for the crime is not somewhat weak, but considering favorable circumstances such as the fact that the defendant recognized his mistake and reflects the fact that the defendant does not cause a traffic accident due to the driving of this case, and the fact that the defendant does not cause a traffic accident due to the driving of this case, the punishment as ordered shall be determined by taking into account other circumstances, such as the character, conduct and environment of the defendant, the background leading to the crime of this case

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