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(영문) 광주지방법원 순천지원 2019.10.17 2019고단1237

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On June 25, 2007, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act, the summary order of KRW 1 million for a violation of the Road Traffic Act in the same court on December 10, 201, and on July 18, 201, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act in the same court on July 18, 201.

On June 4, 2019, at around 22:24, the Defendant driven a FM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.068% without obtaining a driver's license from the front of the C cafeteria located in D to the front of the E cafeteria located in D, at approximately 50 meters.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following factors: the criminal records of the defendant (the interval between the criminal records of the same kind and the criminal records of the previous criminal acts) and the nature of each of the crimes in this case; the degree of blood alcohol concentration of the defendant at the time of driving in this case; circumstances leading to driving; driving distance; the defendant's career, family relation; and whether the defendant's family relation was reflectd; and the various sentencing conditions specified in the records and arguments

It is so decided as per Disposition for the above reasons.