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(영문) 서울중앙지방법원 2017.10.26 2017고단6276
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] On April 6, 2012, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic law (drinking driving) at the Seoul Eastern District Court on April 6, 2012, and on December 20, 201, the same court was sentenced to a fine of four million won for the same crime.

[2] On July 25, 2017, the Defendant driven a motor vehicle with four km in the section of about 22 km from the road near the pressure-dong, Gangnam-gu, Seoul to the road near the Dongdong-dong, without a driver’s license, while under the influence of alcohol content of 0.204% in blood around 23:30 on July 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 Commercial Competition;

1. Selection of a selective fine for punishment (the confession, reflectivity, family members, coal sources, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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