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(영문) 의정부지방법원 2014.11.28 2014고단2472

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On January 6, 2011, the Defendant received a summary order of KRW 4,50,000 as a fine for a violation of the Road Traffic Act from the District Public Prosecutor's Office of the Republic of Korea on June 2, 201, after having been sentenced to the suspension of indictment for a violation of the Road Traffic Act.

Although the Defendant violated the provisions on the prohibition of drunk driving under the Road Traffic Act two or more times, the Defendant driven a vehicle from June 23, 2014, at around 04:10, to the 704th road of Jin apartment near the Jin apartment located in the Nam-gu, Nam-gu, Namyang-gu, Namyang-do, the Defendant driven a vehicle from Chin-ri, sofried without a driver’s license, while under the influence of alcohol with about 0.165% of the blood alcohol concentration without a driver’s license, from around 500 meters to the road in front of 704.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A circumstantial report on, and a report on detection of, a host driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records, investigation reports (limited to the same criminal records and related precedents) and the application of statutes;

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

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 is that the defendant repeated again within a short period even though he had the record of being punished for driving under drinking prior to a few months, the blood alcohol concentration level was high at the time of driving under the influence of alcohol at the time of the instant case, and the occurrence of dangerous accidents that may occur on the road due to driving under the influence of alcohol at the same time, etc., and on the other hand, the defendant made a confession of the instant crime.