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(영문) 서울남부지방법원 2013.10.11 2013고단2766
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On April 16, 2009, the Defendant was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and was sentenced to a suspended sentence of 8 months and 2 years for the crimes of violation of the Road Traffic Act at the Seoul Southern District Court on May 28, 2013, and the said judgment became final and conclusive on June 5, 2013.

On July 24, 2013, at around 22:50, the Defendant driven a DNA vehicle while under the influence of alcohol content 0.169% without obtaining a driver's license from around 23:00 the same day on the front of the 371-37 additional road of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, to the front road of 685-218, Guro-gu, Guro-gu, Seoul.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of criminal records and certified copies of judgments;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of an alternative fine (to be subject to a fine only once, considering the fact that the defendant's family members and employees of the defendant's company are expected to have considerable difficulty in maintaining their livelihood if the defendant is detained, etc.);

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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