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(영문) 의정부지방법원 2014.11.19 2014고단3440
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On January 4, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 20, 2009, and on March 20, 2009, the Defendant issued a summary order of three million won due to a violation of the Road Traffic Act (driving). On May 15, 2009, the same court issued a summary order of three million won due to a violation of the Road Traffic Act (driving). On August 30, 2013, the Defendant was sentenced to imprisonment of six months and two years of suspended execution.

On July 30, 2014, at around 01:20, the Defendant driven a FNAS car without obtaining a driver’s license from the front side of the E apartment 104-dong, Namyang-si, the Namyang-si, to the parking lot, and without obtaining a driver’s license, while under the influence of alcohol with 0.204% of the blood alcohol concentration.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 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 the same previous department, and in particular, on August 30, 2013, he/she was sentenced to imprisonment for 6 months and 2 years of suspended execution and re-offendered with the same vehicle during the same grace period, there is a need for strict punishment, but he/she has led to confession of crimes.

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