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(영문) 서울동부지방법원 2018.05.31 2018고단589
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On April 25, 2007, the Defendant issued a summary order of KRW 700,000,000 by the Seoul Central District Court to a fine for a crime of violating the Road Traffic Act (driving of alcohol), and on April 26, 2017, by the same court as on April 26, 2017, the summary order of KRW 1 million is issued.

On January 23, 2018, at around 01:30, the Defendant driven a BM6 vehicle under the influence of alcohol by 0.119% from the 1km section from the cafeteria in Gangdong-gu, Seoul to the 1427 Seocho-gu, Hanam-si, Hanam-gu.

As a result, the defendant was a person who has a driving force of drinking not less than twice and was driving again.

2. Around January 23, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a BM6 vehicle without a driver’s license in a about 1km section from a restaurant in the non-exclusive restaurant in Gangdong-gu Seoul Metropolitan City to the early migration small distance in 1427 located in the 1km-si, Gyeongginam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case and investigation;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (the previous conviction and confirmation of the same type);

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (opportune selection);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment had the record of being punished twice for driving under drinking, etc., and committed the instant crime during the unauthorized License Period.

On the other hand, it is desirable to give the defendant an opportunity to impose a fine rather than imprisonment so that he/she can continue his/her workplace life at 30 years of age.

The decision is judged.

(2).

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