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(영문) 광주지방법원 2013.07.12 2013고단1758

도로교통법위반(음주운전)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 27, 2006, the defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and on March 3, 2008, the same court received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving), and on January 15, 2010, the same court received a summary order of KRW 150,000 as a fine for a violation of the Road Traffic Act (driving) at least twice.

On March 14, 2013, at around 00:20, the Defendant driven a vehicle with Curstom under the influence of alcohol concentration of 0.098%, without obtaining a license for driving a volume of alcohol level of approximately 30km, to a road near a bus terminal located in the Young-gu, Young-gu, Young-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drinking drivers, records on measurement of drinking, and the register of driver's licenses (cancellation);

1. Investigation report (official application of the Ba mark);

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached thereto) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act should be strictly punished in that the defendant committed the instant crime even though he/she had a three-time and one-time and one-time driving without a license for the same kind of drinking driving. However, the defendant's mistake reflects his/her mistake and again does not drive alcohol or drive without a license. However, except the above previous conviction, the defendant was punished by a fine without any other previous conviction, and if he/she is sentenced to imprisonment without labor or heavier punishment, he/she would be deprived of the opportunity to obtain the relevant certificate of qualification while continuing to serve as a social worker.