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(영문) 의정부지방법원 2014.08.07 2014고단1729
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On April 16, 2010, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the District Court of Jung-gu on April 16, 201, and was sentenced to a suspended sentence of two years for the same crime in the same court on November 19, 2013.

At around 22:30 on May 1, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act, driven CK5 vehicles under the influence of alcohol with a blood alcohol concentration of about 0.126%, without obtaining a driver’s license, at approximately 10km from the road before the public announcement bridge located in the Cheongwon-si Cheongwon-si, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, Cheongyeong-do, for about 22:48 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A driver's license inquiry;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of related cases);

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 fine to choose a sentence (see, e.g., the fact that the defendant shows an attitude that he/she is able to repent of his/her depth with his/her mistake, the fact that he/she is believed to have paid a considerable time of self-esteem through a prison life for two months, the recent wife is responsible for supporting his/her wife and the side with his/her childbirth, and that the defendant's family and his/her family are trying to guide the defendant to prevent such mistake again);

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

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

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