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(영문) 대전지방법원 홍성지원 2016.04.26 2016고단114

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 July 11, 2014, the Defendant was sentenced to a suspension of the execution on July 19, 201 for a crime of violating the Road Traffic Act (non-licenseless Driving) in the Daejeon District Court's red support on July 11, 2014, and was sentenced to a suspension of the execution on July 19, 201, and the judgment became final and conclusive on July 19, 2014. In addition, on September 10, 2009, the same court issued a summary order of KRW 700,000 as a fine for the same crime; on September 10, 2010, the summary order of KRW 3 million as a fine for the same crime; and on November 11, 2011, the same court was sentenced to a suspension of the execution on April and sentenced to a total of four times as a violation of the Road Traffic Act (driving).

On December 7, 2015, at around 20:15, the Defendant driven a Dpoter 2 cargo vehicle with approximately 0.075% alcohol concentration in blood without a driver’s license in the section of about 15km from the road front of the 467 regular restaurant of Hongsung-gun, Hongsung-gun, Hong-gun, Hongsung-gun, a vice-Korean, to the road of the 467 regular luxed lux, Hongsung-Eup, to the luxed lux road of about 15km.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions: Application of the results of inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the facts and the same records during the period of suspension);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 under Article 334(1) of the Criminal Procedure Act is that the Defendant has been punished four times due to drinking alcohol driving since 2009 and twice due to non-licensed driving (two times as a penalty penalty, two times as a suspended sentence), and is currently under probation.

The accused shall be suspended from execution.