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(영문) 서울중앙지방법원 2015.10.30 2015고단5077
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 26, 2010, the Defendant was notified of a summary order of a fine of two million won by committing a violation of the Road Traffic Act at the Seoul Central District Court on January 26, 201, and on July 11, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act at the Seoul Central District Court on July 11, 2014, and the said judgment became final and conclusive on July 19, 2014 and is currently under the suspended

Criminal facts

At around 05:40 on July 12, 2015, the Defendant driven Dsch Rexroth car at approximately 10 meters under the influence of alcohol concentration of 0.142% in front of the Gangnam-gu Seoul Special Metropolitan City New History 514-12.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the inspection results of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (pre-violation and confirmation of Road Traffic Act by a suspect);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant led to confession and reflects the crime of this case, the defendant has the same record as twice, but in this case, the defendant attempted to teach a substitute driver and move his vehicle to the same place. In addition, the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc. shall be determined by taking into account the following factors:

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