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(영문) 대전지방법원 천안지원 2018.04.20 2018고단38

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 14, 2008, the Defendant received a summary order of a fine of 2.5 million won due to a violation of road traffic law (drinking driving) from the original Chuncheon District Court's original branch on January 14, 2008. On June 9, 2009, the same court received a summary order of a fine of 3 million won due to a violation of road traffic law (drinking driving).

On December 19, 2017, the Defendant, at least two occasions, driven a B-type cargo under the influence of alcohol content of 0.070% without obtaining a driver’s license from the front side of the bones Sea State of the Tong-gu, Nam-gu, Seoan-gu, Seoan-gu to the front side of the Jinan-gu, Seoan-gu, Seo-gu, Seoan-gu, Seocheon-si, Seoan-gu, Seocheon-gu, Seoan-gu, Seocheon-do, in a manner of under the influence of alcohol content of 0.070%, even though the Defendant violated Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (report on criminal records of a suspect), three copies of judgment, and one applicable provision of Acts and subordinate statutes to each individual;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (Unlicensed Driving, Selection of Fines) concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of fines);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant has a record of being subject to criminal punishment due to drinking or non-licensed driving on several occasions.

In particular, on July 14, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and a violation of Road Traffic Act (non-licenseed driving) in the Jeju District Court's original branch on July 14, 2015, and the execution of the sentence was completed on May 22, 2016, and committed the instant crime during the period of repeated crime at the time of the instant crime

However, the defendant himself.