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(영문) 의정부지방법원 고양지원 2015.07.02 2015고단481
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 28, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 28, 2013, and on June 24, 2014, the same court issued a summary order of KRW 5 million for the same crime, etc.

【Criminal Facts】

On March 3, 2015, around 22:15, while under the influence of alcohol without a vehicle’s driver’s license, the Defendant driven a car with a distance of about 1 km from the road located in the Geum-dong in the Geum-si, Paju to the road in front of the new ready-mixed in the Pari-si, Pari-si.

Accordingly, although the defendant was punished twice or more due to drinking driving, he again driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous conviction of a driver's license inquiry and a judgment made based on the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes requiring summary order of identical criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won and 10 million won; and

2. Whether the sentencing criteria are applied: A crime for which the sentencing criteria are not set, or a crime for which the sentencing criteria are not set, or a case for which the regular concurrent crimes or fines are sentenced.

3. A fine of eight million won sentenced to the sentence (the fact that a person commits an offense, such as selling a vehicle, etc., by taking into account the age, character and conduct, etc. of the defendant).

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