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(영문) 서울동부지방법원 2015.05.27 2015고정512
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

On January 8, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Northern District Court as a violation of the Road Traffic Act (driving) and a summary order of KRW 2.5 million from the Seoul East Eastern District Court as a violation of the Road Traffic Act (driving) on July 22, 2011.

On January 14, 2015, at around 03:22, the Defendant driven a rash car while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.053% at the section of approximately 500 meters from the Guro-dong, Gangdong-gu, Seoul to the front road of the same Gu-dong street.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Inspection carried out as a result of the crackdown on drinking driving (including a report on the actual state of drinking drivers attached);

1. Search reports on criminal records, etc. and investigation reports (Attachment to the same type of electric records);

1. Application of Acts and subordinate statutes to licenses, inquiry reports, etc. (including details of inquiries about management of each master entry report attached thereto);

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. 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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