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(영문) 의정부지방법원 고양지원 2016.12.01 2016고단2873

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 07:40 on September 9, 2016, the Defendant driven a Bunstst vehicle without a driver’s license at a distance of about 500 meters from the distance of 500 meters to the front of the unification road located in the same Eup and in the vicinity of the Pakistan-si, Masan-si, in the state of drunk alcohol concentration of 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of driving under the influence of alcohol, notification on the control of drinking driving, and application of statutes to the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, and Article 48 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had been sentenced to a fine once due to a violation of the Road Traffic Act from 2005 and a fine twice due to a violation of the Road Traffic Act (refluence of measurement), committed each of the crimes in this case.

However, it is against the defendant, and the blood alcohol concentration is low.

The punishment shall be determined as ordered in consideration of the enforcement time, driving circumstances, etc.