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(영문) 서울서부지방법원 2016.09.02 2016고정881
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On June 9, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court, and a summary order of KRW 5 million for the same crime at the same court on the same day.

On February 2, 2016, at around 23:00, the Defendant driven a car under the influence of alcohol concentration of 0.142%, without a vehicle driving license, from around 200 meters to around 76, 57-63, Mapo-gu, Seoul Metropolitan Government from the roads of 57-63, Mapo-gu, Seoul Metropolitan Government, to the roads of about 76, Dongdong-ro 9-3.

As a result, the Defendant violated the prohibition of drinking under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol without a driver’s license in violation of the said provision.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of, and an investigation report on, a host driver (applicable with the mark-based formula);

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal history records, investigation reports (examination related to past records of violations at least twice);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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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