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(영문) 의정부지방법원 2015.11.03 2015고단582
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On January 28, 2015, at around 01:00, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license in a section of about 200 meters from the outer steel around Yacheon-si, Yacheon-si to the front day of the 1423 Gisung Ginseng Association.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

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

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a selective fine for punishment (a summary defendant shall be selected by a fine in consideration of the fact that he/she has not been punished for driving without a license while under the period of suspension of execution, and that he/she has disposed of the said vehicle again while he/she is expected not to drive without a license, and the amount thereof shall be determined);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on June 5, 2008, and on September 18, 2014, by the Jung-gu District Court, for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the violation of the Road Traffic Act (Doing Driving) at the Jung-gu District Court on September 26, 2014, and was sentenced to a suspended sentence for two years in prison and for two years

On January 28, 2015, at around 01:00, the Defendant driven C Poter Cargo Vehicles with approximately 200 meters alcohol concentration 0.129% under the influence of alcohol from the outer steel near the outer steel located in the Yacheon-si, Yacheon-si to the front of the 1423 Gacheon-si Ginseng Association.

As a result, the defendant was punished for drinking twice or more, and driving a motor vehicle under the influence of alcohol again.

2. Determination

A. Article 199(1) of the Criminal Procedure Act provides that "a necessary investigation may be conducted to achieve the purpose of an investigation."

Provided, That in cases where there are special provisions in this Act, compulsory measures shall be taken.

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