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(영문) 서울서부지방법원 2014.09.25 2014고단1749
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 23, 2010, the Defendant was issued a summary order at the Seogu District Court Branch of the Daegu District Court as a crime of violation of the Road Traffic Act (driving) and on September 20, 2012 at the Seoul Central District Court as a crime of violation of the Road Traffic Act (driving). On July 23, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) at the Seoul Western District Court. On April 11, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving). On April 11, 2014, the Defendant once again drives a restaurant with the name in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, where it is difficult to know at around 02:30, the Defendant had not obtained a driving license at the 1km section of the cM5 vehicle under the influence of alcohol concentration of 0.137%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of a copy of judgment of the same kind and subordinate statutes);

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 for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has several times the history of punishment for drinking without a license or driving without a license, drinking of this case, driving without a license again during the suspension of execution due to drinking or driving without a license, drinking of this case, driving without a license, causing traffic accidents due to drinking of this case and driving without a license, but the damage was caused by minor damage, and the damage was in depth and is against the depth, and other various sentencing conditions shown in the argument of this case such as the defendant's occupation and family relation

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