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(영문) 서울중앙지방법원 2014.11.26 2014고단7546
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

On April 11, 201, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Seoul Northern District Court on April 11, 201, and on October 28, 2013, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on October 28, 2013.

On September 7, 2014, at around 04:05, the Defendant, while drunk with a blood alcohol concentration of 0.124% without obtaining a driver’s license, driven B rocketing car at a distance of approximately 100 meters from the front of the convenience store in the new city, Gangnam-gu, Seoul to 175-ro 39 (New Dong-dong).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. The circumstantial report of an employee;

1. Photographs;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (a confirmation of the previous convictions and attachment of summary orders);

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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