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(영문) 서울동부지방법원 2015.10.15 2015고단2442
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 27, 2012, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,500,00 as a fine at the Seoul Central District Court on December 19, 2014, respectively.

On July 19, 2015, the Defendant, while under the influence of alcohol with 0.190% of the blood alcohol concentration without a driver’s license on July 19, 2015, driven B rocketing car at approximately 500 meters from the front of the Newcheon-dong, Songpa-gu Seoul Metropolitan City cafeteria to the front of the 12-lane 9 (Yak-dong) of the Seoul Olympic Games.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 a fine by taking into account the circumstances, such as the fact that the defendant, who was selected of a punishment, has less than ten times the history of punishment for the same kind and a different kind of crime, is a criminal act during the repeated crime period, and the blood alcohol concentration of this case is very high, but the defendant is led to confession and reflect, and there is no previous conviction exceeding the fine, and the content of the same criminal record is not severe

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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