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(영문) 서울동부지방법원 2015.07.06 2015고단1441
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 June 13, 2013, the Defendant was sentenced to one year of imprisonment for the crime of occupational breach of trust at the Seoul Eastern District Court, and completed the execution of the sentence on June 12, 2014. On October 23, 2014, the Seoul Central District Court issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act at the Seoul Central District Court, and issued a summary order of KRW 6 million for the crime of violation of the Road Traffic Act at the Seoul East East District Court on June 5, 2015.

【Criminal Facts】

On April 7, 2015, at around 18:50, the Defendant driven a motor bicycle with CL125, from the front of Samsung C&M apartment to the front road of 343 Samsung C&M apartment at Seongdong-gu, Seongdong-gu, Seoul, to the front of 382-ro 62-gil for the same reading day without obtaining a motorcycle driver's license, and while under the influence of 0.153% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

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 2 of Article 154 and Article 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, who was selected to impose a fine for a violation of the Road Traffic Act during the period of repeated crime, committed again, even though he/she was sentenced to a fine for the same crime, there is little possibility of criticism against the defendant; however, the defendant confessions and reflects the defendant; he/she does not have the same criminal record exceeding the fine; and this case may have been tried together with the case where a summary order of KRW 6 million was issued by the Seoul East Eastern District Court on June 5, 2015, by committing a violation of the Road Traffic Act.

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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