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(영문) 서울서부지방법원 2017.04.20 2017고단240
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On May 11, 2007, the Defendant was sentenced to a fine of KRW 1,500,000, and a fine of KRW 3,000,000 due to a violation of Road Traffic Act (driving) at the Seoul Western District Court on April 11, 201, and on July 23, 2015, the Seoul Southern District Court issued a summary order of KRW 7,00,000 for a violation of Road Traffic Act (driving) at the Seoul Southern District Court on July 23, 2015. On June 30, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of Road Traffic Act (driving) at the Seoul Southern District Court on June 30, 2016.

[2] On December 1, 2016, the Defendant: (a) driven a vehicle with approximately one meter in order to move and park a vehicle with E U.S. which was parked in a state of 0.090% alcohol concentration in blood on the front side of Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant was already punished five times due to drinking and driving without a license. On June 30, 2016, the Defendant was sentenced to a suspended sentence for six months due to a violation of the Road Traffic Act (driving) on the part of June 30, and committed again the instant crime even during the suspended sentence period after being sentenced to a suspended sentence of two years.

However, in order to prevent the dispute with neighboring residents in relation to vehicle parking, the defendant has been set up rhhy to prevent the dispute.

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