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(영문) 청주지방법원 2017.04.20 2016고단2183

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

[criminal history] On June 28, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Seoul Southern District Court, on December 10, 2014, a summary order of KRW 4 million for the same crime at the Cheongju District Court, and on June 29, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended sentence for the same crime at the same court on June 29, 2016 and became final and conclusive on July 7, 2016.

[2] On September 9, 2016, around 04:44, the Defendant driven a B-hand car under the influence of alcohol concentration of about 0.150% while under the influence of alcohol without obtaining a driver’s license from the front side of the construction of the Adelece Office, located in 147 in the center of the petition in the city of Cheongju, to the front side of the new wall market located in 161 in the city of Cheongju, the city of Cheongju, the city of 200 meters in the center of the petition.

Summary of Evidence

1. The legal statement of the defendant; 1. The arrest report of the case and the statement in the circumstances of the driver who takes the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 an alternative fine for punishment;

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

1. Elements of sentencing unfavorable to the ground for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A person who has been punished by a fine on several occasions due to drinking driving, and is driving under drinking without having repeatedly obtained a license even during the period of suspension of execution due to the crime of driving under drinking;

o. Sentencing elements: There is no criminal conviction.O Other factors for sentencing under Article 51 of the Criminal Act are set forth in the text.