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(영문) 대전지방법원 서산지원 2017.02.03 2016고단851

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On March 15, 2012, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at a water source method source on March 15, 201, and a fine of KRW 5 million in the same court on January 16, 2013, respectively.

On November 18, 2016, the Defendant driven CM5 car in the state of alcohol alcohol concentration of about 0.203% in blood without a driver's license from approximately 400 meters to the front road of 2001 large-scale gas stations located in 1950, Seosan-si, Seosan-si, Seosan-si, Seosan-si.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, a statement on the circumstances of the driver involved, a driver's license ledger, a response to inquiry, such as criminal history, and a report on investigation (report attached to the previous and summary order);

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

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

1. Selection of a selective fine (referring to the time difference between the previous criminal records and the previous one, and the fact of reflecting it);

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;