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(영문) 서울동부지방법원 2015.06.11 2015고단1022
도로교통법위반(음주운전)
Text

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

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 September 29, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court on September 29, 2006, and a fine of two million won for the same crime at the Seoul East East District Court on April 25, 201, and three times the same criminal records.

【Criminal Facts】

At around 23:50 on April 22, 2015, the Defendant driven BM5 vehicle under the influence of alcohol at a level of approximately 0.098% alcohol level on the road of approximately 100 meters away from the Lone Star shop parking lot located in the Sinsan-dong Port, Seoyang-si to the “Walan Sea” cafeteria, located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. Selection of a fine, taking into account the circumstances, such as the fact that the defendant in the option of a punishment has three times the same power, but has long been excluded from the punishment of a fine of two million won in 201, and that the defendant has no power to impose a fine exceeding the fine and is in depth against the defendant;

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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