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(영문) 서울북부지방법원 2016.01.26 2015고단4296
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] On February 21, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Central District Court on February 21, 2008, and on November 17, 201, the same court issued a summary order of KRW 3 million for the same crime at the same court on November 17, 201, and on October 13, 201, the same court received a summary order of KRW 8 million for the same crime.

[2] On October 27, 2015, the Defendant was under the influence of alcohol of 0.126% in blood without a vehicle driver’s license on October 27, 2015, and was driving a vehicle from the frontway in the vicinity of an elementary school located in the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu to the frontway of a private household located in the middle-gu, Seoul Metropolitan Government, Jung-gu, to approximately 2km away from the 4km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of drivers working at the main place and a statement of control details;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment related to drinking driving power), and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act has already been punished three times due to driving under influence of alcohol or non-exclusive license. The reason for sentencing under Article 334(1) is that at the Seoul Western District Court, the Defendant was sentenced to two years of suspended sentence on October 17, 2014 and was sentenced to two years of suspended sentence on October 25, 2014 at the Seoul Western District Court, which became final and conclusive on October 25, 2014, again committed the instant crime, and was in the period of suspended sentence, the Defendant again committed the instant crime while committing the instant crime, and that

However, the defendant.

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