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(영문) 의정부지방법원 고양지원 2015.11.20 2015고정1146

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 July 13, 2015, at around 21:45, the Defendant driven a string freight vehicle B while under the influence of alcohol content of 0.186% without a driver’s license, from a section of about 8 km from the front of the community hall located in the Sinsan-Eup, Seosan-si, to the front of the community hall located in the same Sinsan-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 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, the statutory penalty of this case (a fine of three million to five million won) and the fine amount sentenced in similar cases, considering the Defendant’s drinking value, the Defendant’s drinking value is considerably high, the Defendant was punished for the same kind of crime around 2014, there was a family member to support the Defendant, and there was no record of punishment exceeding the fine, and other conditions of sentencing, including the Defendant’s age, character and conduct, family relation, criminal records, the background of this case, and the progress thereafter, shall be determined by taking into account the following factors.