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(영문) 의정부지방법원 2016.05.19 2016고단441
도로교통법위반(음주운전)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 21, 2008, the Defendant issued a summary order of KRW 1 million to a fine of KRW 1,500,000 on the grounds of a violation of road traffic law at the Jung-gu District Court on April 21, 2008; on August 26, 2009, the same court received a summary order of KRW 1,50,000 from a fine of KRW 1,50,000 on the grounds of a violation of road traffic law; on March 26, 2010, in the same court on March 26, 2010, 4 months of imprisonment and 2 years of suspended execution; and on January 22, 2015, the same court was sentenced to imprisonment for 6 months and 2 years of suspended execution and became final and conclusive on January 30, 2015.

On March 6, 2008, July 23, 2009; November 24, 2009; and August 12, 2014, the Defendant, while under the influence of alcohol, driven a motor vehicle, etc. on at least two occasions and violated Article 44(1) of the Road Traffic Act on at least two occasions. On October 18, 2015, the Defendant driven a motor device license at approximately 2.6 km from the 2.6 km section of alcohol content to the 100cc-c- 10cc- c- 100 c- 100 c- 158 c- under the influence of alcohol in the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (where such previous convictions and attachment of court rulings, etc., reporting of the previous convictions and results thereof);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant has been punished on several occasions by drinking, driving without a license, etc.

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