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(영문) 의정부지방법원 고양지원 2018.10.04 2018고단1768
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of four million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. On May 26, 2018, Defendant A driven a eMW 320d car under the influence of alcohol level 0.150% in alcohol while under the influence of alcohol level 0.15%, without obtaining a driver’s license in the section of about 4km in the same 15:20 on the same day from May 26, 201, Seoyang-gu C “D” located in Gyeyang-gu C at the same time.

2. On May 26, 2018, Defendant B driven a motor vehicle with low alcohol level of 0.157% under the influence of alcohol level in the same section as indicated in paragraph (1) around 15:00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Statement of the circumstances of the driver at the main place of business (A), investigation report (A), statement report on the circumstances of the driver at the main place of business (B), investigation report on the circumstances of the driver at the main place of business (report on the circumstances of the driver at the main place of business);

1. (A) the details of the revocation of the driver’s license; (A) the application of the laws and regulations;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

(b) Defendant B: Articles 148-2(2)2 and 44(1) of the Road Traffic Act

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of a penalty against Defendant A, who is punished by imprisonment and a fine against Defendant B

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 62-2 of the Criminal Act;

1. Defendant B: Defendant A, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was discovered while driving alcohol on June 2, 2017 and was sentenced to a fine for a crime of violating the Road Traffic Act (driving) on July 18, 2017, Defendant B, without being aware of the fact, again committed the same kind of crime as in this case since one year has not passed from the time of the above punishment without being aware of the fact.

The defendant who repeats the same mistake is more severe.

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