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Defendant shall be punished by a fine of one hundred thousand won.
If the defendant fails to pay the above fine, 50,000 won shall be paid.
Reasons
Punishment of the crime
1. At around 18:10 on January 23, 2008, the Defendant: (a) on the 122 Seoul Jung-dong 2, Young-gu, Seoul, 122, left the 122 Seoul, with drinking alcohol, and slick around.
2. On February 18, 2008, the Defendant: (a) around 20:0 on February 18, 2008, 4 of Jung-gu Seoul, Jungmun-gu, Seoul, and 29, flicking around the surrounding areas by drinking alcohol in a large lusium park.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries into written notification;
1. A written notice for payment, such as in-depth and penalty;
1. Application of Acts and subordinate statutes in summary trial;
1. Article 1 subparagraph 25 of the former Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012) applicable to the relevant criminal facts;
1. Selection of an alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 8 of the former Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012); Article 6(1)1 of the former Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012); Article 6(1)2 of the former Punishment of Minor Offenses Act; Article 6(1)2 of the former Punishment of Minor Offenses Act; Article 6(1) of the former Punishment of Minor Offenses Act; Article 6(1)3 of the former Punishment of Minor Offenses Act; Article 6(1) of the former Punishment of Minor Offenses Act; Article 8 of the former Punishment of Minor Offenses Act provides that a person who refuses to pay a penalty within the payment period of the penalty (Article 7(2) of the former Punishment of Minor Offenses Act); and Article 6(1)3 of the former Punishment of Minor Offenses Act
The Defendant’s defense counsel asserts that the date and time of the instant offense committed by the Defendant was January 23, 2008 and February 18, 2008, and that the date and time of the instant request for summary judgment was around October 12, 2012, the instant request for summary judgment was defective in violation of Article 8 of the former Punishment of Minor Offenses Act. Accordingly, the instant indictment is contrary to Article 254 of the Criminal Procedure Act, and thus, the instant indictment should be dismissed.
Article 254 of the Criminal Procedure Act is applied.