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(영문) 서울중앙지방법원 2018.11.16 2018고단6244
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal history] On August 14, 2018, the Defendant was sentenced to two years of suspended execution in August 22, 2018 by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Seoul Southern District Court (Seoul Southern District Court).

[Criminal facts] around 07:15 on July 10, 2018, the Defendant driven a D-to-purd vehicle while under the influence of alcohol leveling 0.326% without obtaining a driver’s license from the front side of Yeongdeungpo-gu Seoul Metropolitan Government to the front side of Dongjak-gu Seoul Metropolitan Government C at approximately 3.8km.

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating driving of motor vehicles, and application of statutes to the ledger of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The Defendant, who was indicted of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Seoul Southern District Court, committed the instant crime. However, the Defendant, after committing the instant crime, was sentenced to a suspended sentence of two years and a 40-hour sentence of compliance driving for eight months after committing the instant crime, choice of a fine by taking into account the following: 1. After Article 37 of the Criminal Act dealing with concurrent crimes, Article 39(1) of the same Act:

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

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