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(영문) 서울동부지방법원 2012.10.23 2012고합397
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Violation of the Composition Requirements] On January 30, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court on January 30, 2009, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 30, 201.

(2) On August 8, 2012, the Defendant was driving a passenger car with approximately 1 km in front of the Hanam-si cafeteria while under the influence of alcohol at around 0.102% of alcohol level on August 8, 2012.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s legal statement

1. Report on the results of the crackdown on drinking driving, and report on the circumstantial statements of drinking drivers;

1. An investigation report (in violation of the requirements for composition, as a result of confirming the departure from a place of departure);

1. A reference report on criminal records, etc.;

1. The application of Acts and subordinate statutes in advance of each disposition, the results of confirmation, and the summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting a crime;

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 [main grounds for both types of punishment] of the instant judgment. Circumstances other than criminal records specified in the judgment of this case include no record of criminal punishment. Circumstances in which written opinions and accompanying documents submitted by the court on September 5, 2012, defense counsel’s written opinion on September 20, 2012, and reference materials submitted by the court on October 23, 2012 are written. The witness E-court statement. The witness E-court statement submitted by the professional examiner on October 19, 2012 and the jury verdict and sentencing opinion on October 19, 2012.

1. Opinions of all seven jurors guilty on verdict of innocence or innocence;

2. Opinion on sentencing (final sentencing’s opinion): KRW 5 million: one (6) fine of KRW 7 million: one (e.g., one (e., explanation and guidance) - a participatory trial for living-oriented type crimes - a participatory trial for a jury’s opinion on sentencing within the scope of the width presented by law (legal). Accordingly, jurors shall not mediate or exclude and respect for them.

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