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(영문) 의정부지방법원 2014.11.21 2014고단3033
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On January 2, 2009, the Defendant issued a summary order of 1,500,000 won by a fine for a violation of the Road Traffic Act at the Jung-gu District Court on September 7, 2012, a summary order of 1,50,000 won by a fine for a violation of the Road Traffic Act at the Jung-gu District Court on September 7, 2012, and on February 1, 2013, the judgment became final and conclusive on February 9, 2013.

On August 8, 2014, at around 07:46, the Defendant driven Dpoter II cargo without obtaining a driver's license in approximately 3km section from the Defendant's house located in Spocheon-si C to August 8, 2014, at around 07:56, the Cheongcheon-si, Sincheon-si, Sincheon-si, Sincheon-si, to the front road in the Cheongcheon-si, Sincheon-si, Sincheon-gu, Sincheon-si, Sincheon-gu, Sincheon-si, and

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, etc., investigation reports, investigation reports, and application of 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 sentencing of Article 334(1) of the Criminal Procedure Act is limited to four times before and after drinking alcohol, three times before and after driving without a license, and in particular, on February 1, 2013, 10 months of imprisonment and 2 years of suspended execution, which were sentenced to the instant crime during the grace period.

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