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(영문) 대전지방법원 천안지원 2018.05.11 2018고정204

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 6, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court's branch on September 6, 2006. On October 16, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drawing driving) and a crime of violating road traffic law (drawing driving).

On September 8, 2016, the Defendant without obtaining a driver’s license, who violated two or more times due to drinking driving, and once again drive a b bargaining vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of 0.126% at the front parking lot of the same Eup, in the vicinity of the Sung-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and from the front parking lot of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a history of criminal punishment for traffic-related crimes. Among them, the defendant has a history of being punished for driving under the influence of alcohol as stated in the judgment.

On May 2016, the Defendant committed the instant crime since it was found that a driver without a license was exposed.

However, the defendant is against his or her will to recognize his or her mistake.

There is no record of punishment for drinking driving after 2008.

In addition to these circumstances, the punishment as ordered shall be determined by taking into account the various circumstances shown in the argument of this case.