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(영문) 의정부지방법원 고양지원 2016.09.09 2016고단2034
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

1. On June 19, 2016, the Defendant was under the influence of alcohol leveling 0.084% from the collection of KRW 10,000,00,000,000 to the front of the same Handong drainage pumps at around 1.5 km of the same Gu, and the Defendant was under the influence of alcohol leveling 0.084% from blood leveling at around 1.5 km of the same Gu, without obtaining a driver’s license.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated a motor vehicle with Csch Rexroth that is not covered by mandatory insurance at the time and place specified in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, report on the situation of the driver driving, ledger of driver's license, and application of mandatory insurance-related Acts and subordinate statutes;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum amounts of each crime) of the aggravated concurrent crimes;

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 was sentenced to punishment for traffic crimes, and there are several occasions. Although the crime of this kind is committed, it is highly likely to be subject to criticism in light of the fact that the Defendant committed the instant crime without being sentenced to imprisonment for one year and three years of suspension of execution in Seoul Western District Court on May 31, 2016, by committing a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Western District Court, which was sentenced on May 31, 2016.

(a).

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