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(영문) 의정부지방법원 2016.04.08 2015고단4888
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal history] On September 5, 2013, the Defendant was sentenced to a fine of 2.5 million won due to a violation of road traffic laws (driving alcohol) at the Jung-gu District Court on September 5, 2013. On March 17, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime in the same court on March 25, 2015 and the said judgment became final and conclusive on March 25, 2015. On December 18, 2015, the Defendant was sentenced to imprisonment for six months for the same crime and became final and conclusive on January 12, 2016.

[Criminal Facts] On November 3, 2015, the Defendant driven C with alcohol level of 0.153% while under the influence of alcohol level of 0.153% while under the influence of alcohol level of 0.153%, without obtaining a driver’s license in a section of about five meters around the road near the 994-gil 7080 Blue-ro, Gyeonggi-si, Gyeonggi-do, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (Attachment to the judgment, etc. of the same type of case and report on confirmation of the fact of final judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of a selective fine for punishment (the fact that the criminal defendant, while driving under influence while driving under the influence of alcohol during the period of suspension of execution, is considerably poor in the nature of the crime, such as again driving under the influence of alcohol and driving without a license, and that there are many criminal records of the same kind of crime, etc. are contrary to the circumstances unfavorable to him/her or his/her wrong judgment, and is contrary to the situation where he/she is judged simultaneously with the crime of violating Road Traffic Act which was finalized on January 12, 2016 as stated in the first head of the judgment, equity between the case where he/she is tried

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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