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(영문) 서울동부지방법원 2013.09.12 2013고단1802
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On December 20, 2012, the Defendant received a summary order of a fine of KRW 4 million from the Seoul Central District Court on December 20, 2012, and on May 3, 2013, the Seoul East East District Court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

Although the Defendant had a criminal record of a drunk driving twice or more as above, on July 10, 2013, around 23:53, the Defendant driven a vehicle with approximately KRW 5 km from the Aksan Station located in Gwangjin-gu Seoul Special Metropolitan City to the roads in front of 337-97, Gangdong-gu, Gangdong-gu, Seoul, with a blood alcohol concentration of at least 0.176%, and without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previouss before ruling: Criminal records, repeated statements, and application of Acts and subordinate statutes to report attachment of a summary order;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant does not know about a large number of criminal records despite the fact that he/she had the same kind of criminal records, and again leads to a person driving without a license.

However, the fact that the defendant reflects his mistake in depth, there is no history of punishment heavier than the fine, that the defendant still loses his workplace when he selects imprisonment with prison labor with his age, and that the defendant would not drive under the influence of alcohol again.

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