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(영문) 서울중앙지방법원 2013.05.21 2012고정3859
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2012 High Court Decision 3859]

1. At around 22:05 on February 7, 2007, the Defendant, without obtaining a driver’s license, driven a car with approximately 100 meters of alcohol content 0.154% while under the influence of alcohol at the 114th port elementary school of Jongno-gu Seoul Metropolitan Government from the Do in front of Hyundai Man-dong, Jongno-gu, Seoul, to the road before the 114th port elementary school.

[2012 High Court Decision 3960]

2. On March 28, 2006, at around 02:30 on March 28, 2006, the Defendant, without obtaining a driver’s license, driven a vehicle listed in paragraph (1) while under the influence of alcohol of approximately 300 meters from the packaging end of the trade name in Jongno-gu Seoul Metropolitan Government to the roads in front of the same Gu-gu Nakdongwon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the register of driver's licenses, records of the control of drinking and driving, and reports on driving of drinking drivers;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 150 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009), Article 109 Subparag. 1 and Article 40(1) of the former Road Traffic Act (wholly amended by Act No. 7545 of May 31, 2005), Articles 109 Subparag. 1 and 40(1) of the former Road Traffic Act (wholly amended by Act No. 7545 of May 31, 2005), Articles 107-2 Subparag. 1 and 41(1) of the same Act, each selective fine for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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