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(영문) 청주지방법원 2017.03.22 2016고정81

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On November 21, 2006, the Defendant has been sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court on November 21, 2006, and a fine of KRW 5 million at the same district court on March 18, 2015, on at least two occasions.

On June 14, 2015, around 06:15, the Defendant driven a vehicle B 300C that was not covered by mandatory insurance without a driver’s license, under the influence of alcohol from approximately 10 meters from a 10-meter section to a 0.177% alcohol level in front of the downstream of the 16 U. S. N. N. N. to the front of the Dokdong-gu, Chungcheongnam-gu, Cheongju-do.

Summary of Evidence

The defendant's legal statement drinking driving control results, etc., the driver's license ledger, and previous convictions of mandatory insurance: A reply to inquiry, such as criminal history, and the application of statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase the automobile insurance);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

6. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;