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(영문) 의정부지방법원 2015.11.03 2015고단2564
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On September 29, 201, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 29, 201, and a fine of 4.5 million won for a violation of the Road Traffic Act (driving) at the same court on December 26, 2014, respectively.

【Criminal Facts】

Although the Defendant driven a motor vehicle under the influence of alcohol at least twice and violated Article 44(1) of the Road Traffic Act, on July 4, 2015, at around 02:10, the Defendant driven a B Sti-type motor vehicle under the influence of alcohol at approximately 800 meters without obtaining a driver’s license from the front side of the Cheongyang-ri, Cheongyang-si, Cheongyang-si, 114-ro, Cheongnam-ro, 114-ro, to the front side of the 7-ro, Cheongyang-ro, Cheongyang-ro, Cheongyang-ro, 114-ro, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (a summary defendant commits the crime of this case during the period of probation, but the sentence of the suspended sentence is against the crime of obstruction of performance of official duties, and the defendant has no record of punishment exceeding a fine due to driving without a license for drinking, and setting the amount thereof);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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