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(영문) 의정부지방법원 고양지원 2014.05.02 2014고단103
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 9, 2009, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act (driving) in order to obtain a fine of three million won or more for a violation of the Road Traffic Act, and on October 21, 2011, the same court issued a summary order of a fine of three million won or more for the same crime.

On December 14, 2013, at around 00:10, the Defendant driven a motor vehicle of Category C rocketing without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.126% from the 1km section to the fishery road of approximately 936-10, the Defendant, at around 00:10, driven a motor vehicle of Category C, without obtaining a driver’s license in the state of alcohol content of approximately 1km.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into driver's license and the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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