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(영문) 의정부지방법원 2014.10.31 2014고단1884
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On April 3, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on April 3, 2009, and a fine of KRW 6 million for the same crime from Sung-nam Branch of Suwon District Court on December 4, 2013.

【Criminal Facts】

Despite the fact that the Defendant violated the provision on the prohibition of drinking alcohol driving twice on May 26, 2014, the Defendant, without a license around 20:30 on May 26, 2014, driven DMW car to approximately five meters in front of the entrance of the reserve forces training center located in the Namyang-si, Namyang-si, Namyang-si, a dry field with a blood alcohol level of 0.131% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports (former records and attachment reports of judgment) and Acts and subordinate statutes;

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

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 is that the defendant has been sentenced to imprisonment or sentenced to imprisonment several times for the same crime, and that the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case is considerably high, etc. Thus, the defendant should be sentenced to imprisonment with prison labor and severely punished. On the other hand, on the other hand, the confession and the depth of the crime in this case, the distance in which the defendant driven under the influence of alcohol is a short distance, and no particular traffic accident occurs due to the drinking and the driving without the license

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