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(영문) 수원지방법원 안양지원 2013.11.29 2013고단1079
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 4,500,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 14, 2013, the Defendant: (a) around 21:18 on August 21, 2013, the Defendant driven a DNA cargo vehicle under the influence of alcohol with approximately 15 km alcohol content of 0.093% while under the influence of alcohol without a driver’s license.

2. Around 22:15 on September 30, 2013, the Defendant driven D Poter Cargo Vehicles without a car driver’s license at approximately 10km section from the front road of the agricultural and fishery product market located in the Mapo-si, Ansan-si, Ansan-si to the front road of the aftermapo-si, Mapo-si, Mapo-si.

Summary of Evidence

[Case No. 1]

1. Defendant's legal statement;

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

1. A driver's license inquiry letter (the second crime committed on the market);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act; and

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

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant shall be punished with severe punishment when considering the fact that he/she committed the instant crime during the repeated crime period after having completed the execution of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, in consideration of the circumstances leading up to each crime, it shall be selected by a fine and the punishment shall be determined in the same manner as the order, taking into account the following: (a) there are circumstances to take into account the circumstances leading up to each crime; (b) the vehicle driver has retired from a post office funeral, and is employed in another workplace; and (c) he/she is going against

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