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(영문) 서울남부지방법원 2018.07.11 2018고정345
도로교통법위반(음주운전)등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On October 25, 2016, the Defendant driven B motor vehicles at approximately 13 km from the 1429-9 road in Gwanak-gu, Seoul Special Metropolitan City to the 43-22 front road in Gangseo-gu, Gangseo-gu, Seoul, while under the influence of alcohol content of 0.056% without a driver's license of a motor vehicle on October 25, 2016.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The actual investigation report on traffic accidents;

1. A report on the occurrence of a traffic accident (or initial use of water);

1. A certificate for measuring drinking alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was confirmed to have been in contact with the Defendant’s drinking and non-licensed driving. The occurrence of an accident due to drinking or non-licensed driving, etc., recidivism even after having been punished for the crime without a license twice, and other circumstances, including the Defendant’s age, sex, environment, etc., and the conditions for sentencing as shown in the instant records and arguments, shall be determined as per the Disposition.

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