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(영문) 서울서부지방법원 2013.11.13 2013고단1148
도로교통법위반(음주운전)등
Text

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

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

On January 28, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court, and on February 18, 2013, the Defendant issued a summary order of KRW 3 million for the same crime at the same court, and on March 26, 2013, the Defendant issued a summary order of KRW 6 million for the same crime at the same court.

On April 23, 2013, at around 00:50, the Defendant driven a B-car without a vehicle driver’s license from the Hongdong loan located in Seopo-gu Seoul Metropolitan Government to the front road of the same Gu Gohap-dong Hospital, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of about 0.107% without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of control, notification of the results of the drinking driving control, and report on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, previous records and results confirmation reports, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of running sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to punishment imposed on a crime that has heavier penalty than that of a drunk driver, but choose of a fine);

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

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