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(영문) 인천지방법원 부천지원 2013.07.24 2013고단614
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 30, 2008, the Defendant was notified of a summary order of a fine of two million won due to a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch. On October 11, 201, the Defendant was notified of a summary order of a fine of two million won due to a violation of the Road Traffic Act.

On March 20, 2013, the Defendant driven BMW 320i car while under the influence of 0.073% of blood alcohol concentration on the front road of 538-8, Seocheon-gu, Seocheon-si, Seocheon-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Report on the situation of operation without a license;

1. License register;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine (such as: (a) the fact that the number of punishment is relatively high; (b) the driving distance is not clear; (c) the fact that a lessee is willing not to drive by termination of a lease agreement; and (d) the fact that it is difficult to maintain the position when a person is subject to criminal punishment heavier than imprisonment without prison labor

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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