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(영문) 의정부지방법원 2018.01.24 2017고단4660
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 31, 2007, the Defendant was sentenced to a fine of 3.5 million won by a general military court of the third common military branch of the Army on July 31, 2007 due to a violation of road traffic laws, and on July 14, 2016, the Defendant was sentenced to a suspended sentence of 2 years on July 22, 2016 and was sentenced to a suspended sentence of 3.5 million won for a violation of road traffic laws in the Seoul Northern District Court of Seoul Northern District Court.

Although the Defendant had been punished twice or more as above, on September 20, 2017, at around 22:35, the Defendant driven a motor vehicle with B low-speed car without obtaining a driver’s license in the direction of approximately 400 meters alcohol concentration from the 230-meter section to the front road of the 2nd district of the Dong-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong, without obtaining a driver’s license for a motor vehicle while under the influence of alcohol content of about 0.09%, from around 40 meters to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A map on the Internet site;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant is driving under the influence of alcohol four times every time.

It is necessary to make strict punishment in accordance with the purpose of Article 148-2 (1) 1 of the Road Traffic Act.

In addition, the defendant is under suspension of execution due to his previous convictions that include drinking driving.

In addition, although the previous records are not stated in the judgment, the defendant was under the influence of driving without a license even before two days before the crime of this case, and the summary order was requested.

In principle, the choice of imprisonment should not be considered.

However, in addition to a fine for driving under drinking in 2007, the defendant is driving under drinking in 2001.

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