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(영문) 의정부지방법원 2014.12.12 2014고단3202
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

[criminal power] On June 30, 201, the Defendant received a summary order of KRW 2.5 million from the Jung-gu District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on August 22, 2012, the Defendant received a summary order of KRW 4.5 million from the Jung-gu District Court to a fine of KRW 4.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On August 8, 2014, the Defendant, without obtaining a driver’s license, driven a CA6 car from the front side of the Maan-Eup in Yan-si in Yanyang-si to the 2102-16 front side of the Yanyang-si, Namyang-si, Namyang-si, with a blood alcohol level of 0.107% alcohol level at around 50 meters.

As a result, the defendant driving without obtaining a driver's license, while being punished not less than twice as drinking, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes to references to criminal records and investigation reports (a report accompanied by a copy of the same summary order);

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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

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 is deemed to have a record of being punished by a fine twice for the same crime in the past, and the defendant's blood alcohol concentration cannot be deemed to have been low. On the other hand, on the other hand, the defendant confessions each of the crimes of this case and reflects in depth, and the defendant's past records of drinking driving.

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