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(영문) 서울남부지방법원 2017.01.17 2016고단5243
도로교통법위반(음주운전)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On September 17, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Southern District Court on September 17, 2015, and on September 22, 2015, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution on September 1, 2015, and the said judgment became final and conclusive on October 1, 2015.

[2] On September 20, 2016, around 03:26, the Defendant driven a Hdisolar car under the influence of alcohol leveling 0.113% of alcohol level while under the influence of alcohol leveling from around the airspace in Mapo-gu Seoul Metropolitan Government to the vicinity of Sisan Station located in Yeongdeungpo-dong, Yeongdeungpo-gu, Seoul to around 5.5km.

Accordingly, the Defendant, who was punished twice or more due to drinking, was driving a motor vehicle without obtaining a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Disqualifications and the ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Details of inquiries about management of a master report, response to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of each disposition, summary order No. 2016 High Court Decision No. 2016 High Court Decision No. 1306 High Court Decision No. 2016 High Court Decision No. 12141 High Court Decision No. 2015 High Court Decision No. 2015 High Court Decision No. 3190 High Court Decision No. 2015 High Court Decision No.

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the crimes of violating the Road Traffic Act which require more severe punishment);

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: a fine; and

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