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(영문) 의정부지방법원 고양지원 2015.06.11 2015고정682

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 11, 2007, the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on October 11, 2007, and a fine of KRW 3.5 million by the same court on November 28, 2008, respectively.

Around 22:10 on December 25, 2014, the Defendant, at around 22:2:20 on the front of the funeral hall located in the Goyang-gu Sungyang-gu, Sungyang-gu, Sungyang-si, the Defendant, without a car driver’s license, driven a Bene XG car while under the influence of alcohol concentration of about 3 0.16% at the front of the Sinsan-dong located in the same Kunsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

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 of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order had already been punished twice due to drinking driving, and the driving of drinking again was conducted again, and the drinking water in this case is considerably high, and there is a need for strict punishment therefor.

However, in consideration of the fact that the defendant's mistake is divided and the records of drinking driving have relatively passed, punishment shall be determined by a fine as above.