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(영문) 의정부지방법원 2015.01.23 2014고단3590
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 December 16, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on December 16, 201, and a summary order of KRW 4 million for the same crime at the same court on October 4, 2013.

【Criminal Facts】

On September 1, 2014, the Defendant, without obtaining a driver’s license at around 23:40 on September 23:40, 201, driven a cruise car in the state of alcohol with approximately 0.056% alcohol level from the 1km section to the underground level near the 23:50 Do near the 27-ro 27 U.S. government-ro 27, U.S. government-si, to the 81 Si citizens on the same day.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was 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 and report on the situation of driving without licenses;

1. Before judgment: References to criminal records and investigation reports, and the application of 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. 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 been punished several times as fines for the same crime. On the other hand, on the other hand, the defendant confessions and reflects the crime of this case, the blood alcohol concentration is not high, the distance of driving under the influence of alcohol is short distance, and the drinking and non-licensed driving of this case are particular.

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