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(영문) 서울중앙지방법원 2016.02.12 2015고단8240
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

On March 22, 2010, the Defendant is a person who has been sentenced to a fine of two million won or more for a violation of road traffic law in the support for the safe flow of water sources and the driving force of drinking on July 31, 2013 by a fine of seven million won or more for the same crime in the same court.

On December 09, 2015, at around 06:20, the Defendant driven B’s low alcohol leveling 0.103% of alcohol level while under the influence of alcohol leveling from approximately 100 meters in the south-ro, south-ro, 224-ro, south-ro, south-ro, south-ro, the entrance of subway 2, Seoul Special Metropolitan City, to the front road of the GS convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of violation of traffic laws on roads;

1. A written inquiry about the result of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and an investigation report (Attachment Report, such as a copy of a summary order driving under drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of a selective fine (such as that one's mistake is divided, the driving distance is relatively short, and when the accused is sentenced to a punishment, it appears to be somewhat harsh in light of the criminal liability of the instant crime);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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