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(영문) 의정부지방법원 고양지원 2016.03.29 2016고단9
도로교통법위반(음주운전)등
Text

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

However, if the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to one year of suspension of the execution of official duties at the Seoul Central District Court on April, 2015, and the judgment became final and conclusive on July 24, 2015.

1. On December 8, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (down-doless Driving) on the roads near the Seo-gu, Seo-gu, Busan Metropolitan City, Seo-gu, Seoyang-si, in order to ensure the intersection of the gold village district located in the Geumju-si, Jin-si, the Defendant driven a Bho-do motor vehicle under the influence of alcohol with a maximum of about 5km alcohol concentration of 0.135% without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, at the above date, at the above place, and even if no one operates a motor vehicle which is not covered by mandatory insurance, he operated a B chip motor vehicle without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous conviction: Application of Acts and subordinate statutes, such as inquiry, inquiry, report on investigation, and judgment;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) and 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order has a record of being punished for a fine once by driving under drinking and driving without a license, and even though the period of probation is currently in period of probation, the Defendant committed the crime of this case by drinking or driving under a license without a license. The nature of the crime is poor.

(b).

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