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(영문) 대전지방법원 서산지원 2017.02.03 2016고단863

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 December 7, 2006, the Defendant was sentenced to six months of imprisonment and two years of a suspended sentence due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on December 7, 2006. On January 15, 2015, the Defendant was sentenced to six months of imprisonment and two years of a suspended sentence.

On November 26, 2016, around 20:05, the Defendant driven B Poter Cargo with approximately 130 meters alcohol level while under the influence of alcohol level 0.157% in blood without obtaining a driver’s license from the front of the “Magjin-si Mansan, Seog-si, Sinsan-si” located in the same side of the Do, to the front road of the “Magjin-ri,” located in the same side of the Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes in Part IV of a reply to inquiries, such as criminal history, a copy of the judgment, and a copy of the judgment (including summary orders);

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 (excluding the previous offense of 2015, taking into account the fact that it was the previous offense of 10 years before and after the lapse of 10 years);

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;