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(영문) 의정부지방법원 2013.11.29 2013고단3516

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 21:30 on October 7, 2013, the Defendant driven BK7 car from the front side of the retirement village of the retirement village principle at the Namyang-si without a driver's license to the front side of the retirement village of the retirement village at the Namyang-si, the Defendant driven BK7 car at a distance of about 300 meters from the front side of the retirement village of the retirement village at the Namyang-si without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial report of an employee;

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

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 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 the Commercial Concurrent Crimes;

1. Selection of an alternative fine for a punishment (the term “the crime of this case without being aware of during the period of suspension of execution,” while the term “the above suspension of execution” is deemed to be the previous one. In this case, if the judgment of imprisonment became final and conclusive, a sentence of not less than one year and four months including the invalidation of the above suspension of execution should be imposed. This appears to be somewhat harsh for the defendant, and the previous conviction for driving alcohol and without a license seems to have no other criminal record except for a fine of not less than 2.5 million won, around 2002, in addition to a fine for a

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;