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(영문) 전주지방법원 군산지원 2016.08.17 2016고단583

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On December 30, 2013, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) at the Gunsan Branch of the Jeonju District Court, and a fine of KRW 1,50,000 as a fine in the same court on April 11, 2016, respectively.

On May 28, 2016, at around 22:10, the Defendant driven a dice car with approximately 10 meters alcohol concentration 0.071% while under the influence of alcohol on the part of approximately 10 meters from the pre-road of Paris DNA to the pre-road of ice located in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again during the period of suspension of the validity of the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the previous convictions in the same case and report);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. Although the criminal defendant, who had been punished twice due to driving of alcohol without a license for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the nature of the crime is not weak, the defendant's mistake is recognized and reflected. The drinking volume at the time of the crime in this case constitutes the suspension of license, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, sex behavior and environment, family relationship, etc., shall be determined as ordered by the order.