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(영문) 서울동부지방법원 2016.04.05 2015고정1934
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[2015 High 1934] On October 9, 2015, the Defendant driven a 32m dcoon dcoon in front of the 15-lane Seoul Songpa-gu (Gamb) as it was under the influence of alcohol level of 0.081% during blood transfusion on October 22, 2015.

[2016 Highly 478] The Defendant also drives D Coin as a cargo vehicle as a duty.

1. On December 4, 2015, the Defendant was under the influence of alcohol leveling 0.128% during blood transfusion on December 19:20, 2015, the Defendant driven the above cargo vehicle at approximately 5km from the search Dong in Eunpyeong-gu in Seoul to the mouth north of the mouth, from the search dong in Eunpyeong-gu to the erogate of the mouth.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a motor vehicle under the condition that the driver’s license of the motor vehicle was revoked.

Summary of Evidence

[2015 High Court Decision 1934]

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, and inquiry about the results of crackdown on driving under drinking;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on detection of drivers of primary drivers, reports on the circumstances of drivers of primary drivers;

1. Relevant Article of the Act and Articles 148-2 subparag. 3, 44-2(2) and 44(1) (i.e., self-driving on October 9, 2015), Article 148-2 subparag. 2, and Article 44(1) (ii) of the Road Traffic Act concerning criminal facts; (iii) Articles 148-2 subparag. 2 and 44-2(2) of the Road Traffic Act; (iv) Articles 152 subparag. 1, and 43 of the Road Traffic Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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