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(영문) 의정부지방법원 2014.12.12 2014고단3347
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 26, 2011, at around 00:14, the Defendant driven a C rocketing car under the influence of alcohol content of 0.085% without obtaining a driver’s license, from the front day of Gapty to the front day of the court oil station in the same e-sports.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, and the written appraisal of alcohol during blood;

1. Application of the statutes on the register of driver's licenses;

1. Subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have been driven under drinking three consecutive times from May 201 to November 201 of the same year without any particular crime. On the other hand, there are also circumstances such as: (a) the Defendant confessions and reflects each of the crimes in this case; (b) the Defendant’s blood alcohol concentration level is not significantly high; (c) the Defendant did not cause a traffic accident due to the instant drinking; and (d) there is no history of being punished by a fine exceeding the same kind of crime; (b) each of such circumstances and other factors, including the Defendant’s age, occupation, character and conduct, environment, and circumstances after the crime, etc., the sentence of a fine as stated in the order shall be imposed by taking full account of the various sentencing conditions indicated in the records

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