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(영문) 대전지방법원 서산지원 2018.05.31 2018고단271

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 15, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on September 15, 201, and a summary order of KRW 4 million for the same crime in the same court on September 11, 2013, and was sentenced to punishment two times or more for a crime of drinking driving.

Nevertheless, on March 14, 2018, the Defendant driven Bran-do without obtaining a driver's license in the state of alcohol concentration of about 0.072% in the section of about 2 km from the front of the Management Office of the Apartment Apartment apartment located in 2064 to the front road of the same Eup, Seosan-si, Seosan-si, Seosan-si around 01:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. A traffic accident report;

1. A report on detection of non-licensed drinking alcohol;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (to file a written summary order with the suspect);

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. Based on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, a fine is selected by taking into account the following circumstances: (a) the Defendant’s degree of alcohol (0.072%) among the blood of this case; (b) the Defendant’s mistake and reflects; and (c) the Defendant’s previous convictions twice a fine during the said period; (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) the conditions for sentencing as indicated in the instant records and the trial process, such as the circumstances after the crime, shall be comprehensively considered to determine the sentence as ordered.