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(영문) 의정부지방법원 고양지원 2016.06.15 2015고단2961
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 4, 2015, around 00:40, the Defendant driven a B-car under the influence of alcohol content of 0.244% without obtaining a driver’s license from around 2km section from September 4, 2015 to the road in front of the “girth of the sunlight” in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to a fine for driving under drinking in 2013, and is subject to criticism for the crime of driving under drinking and non-licensed driving of the instant case, even though it exceeds 0.2% at the same time.

On the other hand, there is a reason to consider that the defendant shows an attitude against the defendant.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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