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(영문) 수원지방법원 여주지원 2013.11.25 2013고단981
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 20, 2007, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on September 20, 207; on April 9, 2012, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime; on September 9, 2013, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime at the same court on September 17, 2013.

On August 22, 2013, at around 22:00, the Defendant driven, without the driver’s license, the vehicle volume B while under the influence of alcohol level of 0.089%, at a distance of 300 meters from the road front of Hyundai Capital, which is located in the Chang-dong, Jeoncheon-si, Jeoncheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Referrals as a result of the regulation of drivers;

1. Inquiry into the driver's license ledger;

1. Previous records of judgment: Criminal records, etc., references, previous records of disposition, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports (report on attachment of judgments of the same type of case);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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