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(영문) 의정부지방법원 고양지원 2014.02.13 2013고단2016
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On November 28, 2008, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving of Drinking) at the Goyang Branch of the Jung-gu District Court on November 28, 2008, and on December 14, 2010, the same court issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving of Drinking).

At around 00:45 on October 25, 2013, the Defendant, without obtaining a driver’s license, driven a Fland knife car with a blood alcohol concentration of about 0.106% in the section of about 8km from the front day of the “Yol rice Do,” which is located in the Geumju-si Geumju-si, Pakistan-si, Pakistan-si, 01:06 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. A driver's license inquiry;

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

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Application of Acts and subordinate statutes of three copies of the defendant's legal statement, criminal history records, inquiry reports, investigation reports (before the suspension of execution of sentence), one written judgment, and three copies of summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for conviction under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant alleged that he had a driver drive a vehicle through his substitute driver in the state of drinking and did not have an intention to drive under the influence of alcohol since he did not memory on the circumstances that he left his seat. However, the circumstance and time when the defendant was discovered by each evidence of the judgment and the time of detection are measured.

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