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(영문) 의정부지방법원 고양지원 2014.11.14 2014고단1977
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

On September 1, 2014, at around 21:40, the Defendant driven C Poter Cargo Vehicles with approximately 800 meters alcohol concentration 0.211% under the influence of alcohol without a vehicle driver’s license from the 800-meter section from the lux apartment parking lot located in the Dobong-gu, Youngcheon-gu, Seoju City to the front day of the luxan oil station in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 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. Aggravation of concurrent crimes under Articles 40 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than that of a punishment);

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 of the provisional payment order, even though the person committed a crime similar to the same kind of crime, committed a second offense, and whose blood alcohol concentration is very high, and thus, the defendant should not repeat the crime. However, the defendant was sentenced in consideration of the fact that there is no particular criminal record except for the past one-time fine record, and the defendant's family relation and support relation are considered.

It is so decided as per Disposition for the above reasons.

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