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(영문) 의정부지방법원 고양지원 2018.01.19 2017고단3540

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant did not obtain a driver’s license of an automobile.

No one shall drive any motor vehicle without obtaining a driver's license.

Nevertheless, on August 19, 2017, the Defendant driven a B rocketing vehicle around 00:15, and driven a drinking and non-licenseed 500m alcohol level while under the influence of alcohol level of about 0.087% at a 0.087m alcohol level in the front of the Geum-dong located in the Geum-dong-dong-dong located in the same city where the Defendant was under the influence of alcohol level from the front of the Geum-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, in addition to the instant crime, has been punished for driving without a license for drinking or non-license, on several occasions, but all of them have shown a history prior to 10 years and an attitude against it.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.