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(영문) 의정부지방법원 고양지원 2017.06.09 2017고단1135
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 June 20, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on June 20, 2007 and KRW 4 million for the same crime at the same court on July 15, 2016, respectively.

On December 04, 2017, the Defendant driven B 125ckiki in the state of alcohol alcohol concentration of about 0.092% while under the influence of alcohol without a motor device bicycle driver’s license in the section of approximately 80 meters from the road located in Gyeyang-gu, Seoyang-gu to the front road of "Pamp Smart" 267 of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license, and the driver’s license ledger;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 (the point of driving a bicycle without a driver's license for motor device) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (see, e.g., age, environment, sexual behavior, etc. of the defendant, such as the confession of the defendant and reflectiveness, the fact that the defendant is a motor bicycle rider, the fact that the defendant has no record of the same kind of punishment exceeding the fine, the occupation of the defendant and the fact that

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

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

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