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(영문) 서울서부지방법원 2014.04.01 2013고단3438
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to a suspended sentence of two years in the June of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Seoul Western District Court, and the said judgment became final and conclusive on December 27, 2013.

On November 26, 2013, at around 00:01, the Defendant, without a driver’s license, driven C-Vehicle at a section of approximately 100 meters in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul at the front of the road to approximately 0.050% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses (A);

1. Previous records of judgment: Application of investigation reports (in the progress of trials, inquiry of the progress of trials and submission of judgment attached thereto);

1. Relevant Article of the Act on the Crime and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the provisions of Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which provide for the choice of punishment for 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing is based on the following factors: (a) the offense of this case on the ground of sentencing under Article 334(1) is concurrent crimes between the offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicle) and the latter part of Article 37 of the Criminal Act; and (b) the degree of blood alcohol concentration

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