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(영문) 서울중앙지방법원 2014.04.24 2014고정1051
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 1, 2009, the Defendant was issued by the Seoul Eastern District Court with a summary order of 700,000 won to the effect that he/she is punished by a fine for a violation of the Road Traffic Act. On September 14, 2012, the Defendant had a record of having been sentenced to a fine of 4,50,000 won for a violation of the Road Traffic Act by the same court.

Nevertheless, at around 06:25 on January 12, 2014, the Defendant, while under the influence of alcohol content of 0.088%, driven a car with approximately KRW 70 meters from the 29-29 way in Gangnam-gu, Seoul, Seo-gu to the 11-day way in front of the same 164-11.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Before judgment: References to criminal records and investigation reports (attached to a summary order) shall be applied by statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

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

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