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(영문) 대전지방법원 홍성지원 2013.05.22 2013고단167

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant in the Daejeon District Court on August 13, 2008 was sentenced to a suspended sentence of six months for the reason of the violation of the Road Traffic Act and the violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on August 13, 2008. In the same support on September 6, 2012, the defendant was sentenced to a suspended sentence of two years for eight months for the reason of the violation of the Road Traffic Act, and is currently under the suspended sentence.

On February 6, 2013, around 19:45, the Defendant driven Crash Motor Vehicle with approximately 300 meters in a section of about 300 meters of blood alcohol level without a vehicle driver's license from the front of the fifth apartment house in Bocheon-gu, Bocheon-si to the front of the apartment house in the same Dong-dong, while under the influence of alcohol level of about 0.080% of blood alcohol level without a vehicle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, etc. inquiry reports and investigation reports (a copy of a summary order, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of selective fines for sentencing (the following factors, etc. that describe the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant has already committed the instant crime during the probation period despite the fact that the Defendant had been sentenced to a fine and a punishment for the suspended sentence for the same violation of the Road Traffic Act on several occasions, and that the risk of drinking driving and the harm and injury are not even emphasized. However, the Defendant should be punished strictly, on the other hand, by selecting the Defendant as imprisonment with prison labor.