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(영문) 청주지방법원 2014.01.24 2013고단1221

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, 50,000 won.

Reasons

Punishment of the crime

On December 18, 2009, the Defendant was sentenced to one year and six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court on May 9, 201, and the execution of the sentence is terminated. On January 14, 2013, the Defendant was issued a summary order of KRW 2.5 million by the Cheongju District Court on March 25, 201, and was issued a summary order of KRW 3.5 million by a fine at the Cheongju District Court on March 25, 2013.

On June 25, 2013, the Defendant, without obtaining a driver’s license at around 00:40 on June 25, 2013, driven CM3 automobiles over about 500 meters from the Do in front of the Cheongju-si, the Cheongju-si, the Do in the Heung-gu, Soak-gu, the CM3 automobiles at around 00 meters in front of the national integrity center located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the results thereof, and the register of driver's licenses;

1. Before judgment: The application of criminal records and investigation reports (No. 10, 11) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the blood alcohol concentration and driving distance in the instant case; (b) the content of each crime committed by the same kind of power and repeated crime; and (c) the time interval and mistake between the day a summary order was issued for the same kind of crime and the day when the instant crime was issued; and (d) the motive, means and consequence of the instant crime; (c) the circumstances after the crime was committed; (d) the Defendant’s