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(영문) 의정부지방법원 2013.12.20 2013고단3628

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, 50,000 won.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant was issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the District Court of the Republic of Korea on June 22, 201 and the same year.

7. 15. The above summary order is confirmed and confirmed, and the same year.

8. The same year when a fine not exceeding two million won has been issued in the same court due to a violation of the Road Traffic Act;

9. 24. A person who had been in violation of Article 44(1) of the Road Traffic Act on two or more occasions, such as the confirmation of the above summary order, was sentenced to two years of suspension of execution for six months of imprisonment by the same court on July 23, 2013 due to a violation of the Road Traffic Act, etc., and the said judgment becomes final and conclusive on the 31st of the same month.

At around 23:50 on August 17, 2013, the Defendant driven a B-wing truck with a blood alcohol concentration of 0.054% under the influence of alcohol without obtaining a driver’s license, from the Rabnob No. Roy Road, which is located in the ebrode frithic of two weeks, to the frontway of the same time as the Maban-Eup Maban-Eup Mabrogy road located in the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Investigation report (Confirmation of sound driving and driving distance without obtaining a license);

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (applicable to the same kind of case and attachment of summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is possible, and in particular, it is necessary to impose a severe punishment in consideration of the fact that a person drives a drinking alcohol again without being aware of during the period of suspension of execution, but the person does not repeat the crime while selling the vehicle.