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(영문) 수원지방법원 안산지원 2016.11.22 2016고단899
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 12, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Seocho District Court's territorial branch on July 12, 2007, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Seoul Central District Court on March 25, 2014, respectively.

On January 2, 2016, the Defendant, while under the influence of alcohol at 0.108% of blood alcohol concentration, driven a BMF car without obtaining a driver’s license, from around the road near the “Yingil Village” located in the Yan-dong in the Yan-dong in the Yan-dong in the Yan-si and the front road located in the Yan-dong in the Yan-dong in the Yan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the report on the drinking-free meters, and the actual state of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a copy of the materials about foreign crimes and investigation experience, inquiry into the records, and of each summary order;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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