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(영문) 의정부지방법원 2013.11.22 2013고단3219

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 13, 2013, the Defendant driven C Coin vehicle under the influence of alcohol content of 0.063% without obtaining a driving license from a vehicle driving license within a section of approximately 1 kilometer from the front of 555 U.S. 55 U.S. 12:30 to the front of 242 U.S. 13, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the situation of operation without a license;

1. A report on detection of a host driver;

1. On-site photographs at the time of detection;

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

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of punishment under Article 334(1) of the Criminal Procedure Act shall be imposed by a fine in consideration of the following: (a) the defendant was sentenced to a suspended sentence of six months on March 21, 2012 due to a violation of the Road Traffic Act (Refusal of measurement) and a violation of the Road Traffic Act (non-licensed driving) and (b) the fact that he/she had not been aware of it during the suspended sentence and again carried out a driving without obtaining a license for the same vehicle; (b) the defendant reflects the fact; (c) the amount of drinking alcohol is relatively low; (d) the amount of drinking alcohol is relatively low; and (e) the support