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(영문) 의정부지방법원 2015.03.17 2014고단4486
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 20, 2014, around 21:26, the Defendant driven a B-car under the influence of alcohol content of 0.153% while under the influence of alcohol without having a driver’s license, from around 1.2km apartment around 1020, 1020, Namyang-si, Namyang-si, Namyang-do, 1038 (In Jinnam-do), the Defendant driven a B-car without having a driver’s license.

Accordingly, the Defendant, without possessing a driver's license, driven a motor vehicle while drunk.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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