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(영문) 대전지방법원 2017.06.14 2017고단896

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 12, 2017, the Defendant driven a motor vehicle of 0.070% alcohol concentration in blood without obtaining a driver’s license on February 12, 2017, and operated a vehicle of 5 meters from the mutual unfolded house in the Seo-gu Daejeon Island to the front road of the Manodong, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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. An unfavorable circumstance is that the instant crime was committed during the period of repeated crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and that there was a record of being punished by a fine due to driving under drinking in 200 and 2011.

The fact that the defendant repents and reflects the wrong, and that the alcohol level in blood at the time of the instant case is relatively high and the distance of driving is not long.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.