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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3954
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 November 29, 2015, the Defendant driven a car with B, under the influence of alcohol of 0.146% in alcohol without obtaining a driver’s license from the front of the Light Women’s Hospital located in Ansan-si to the front road of about 2 km of the same Gu-ro 19:45, the Defendant driven a car with B, while under the influence of alcohol of 0.146% in alcohol, from the front of the same Gu-ro 2-ro 41,1501.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. Materials output of a drinking-free measuring instrument;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger (A);

1. Investigation report (in the face of driving, verification of CCTV evidence), and application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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 of the Criminal Procedure Act, even though the Defendant had been punished once or twice due to drinking without a license, he/she once or twice again drives the instant drinking and drive without a license. While the Defendant is recognized as having been relatively high in the blood alcohol concentration at the time of the instant crime, it shall be determined as above by comprehensively taking into account all the factors of sentencing regarding the instant case, such as the Defendant’s age, environment, and conditions after the instant crime.

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