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(영문) 대전지방법원 공주지원 2018.08.17 2018고단276

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

피고인은 2018. 5. 7. 16:29 경 충남 청양군 정산면에 있는 칠갑산 휴게소 앞 도로에서부터 공주시 우성면에 있는 방 흥 교차로 앞 도로에 이르기까지 약 12km 구간에서 원동기장치 자전거 면허를 받지 아니하고 혈 중 알코올 농도 0.110% 의 술에 취한 상태로 B XQ125 원동기장치 자전거를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of motor vehicles, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 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 (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant had the ability to punish a person without license on two occasions; (b) the driving of alcohol is the initial offender; and (c) recognition of and reflects his mistake; and (d) the Defendant’s age, sexual conduct, environment, occupation, motive and consequence of the crime; and (b) the various sentencing conditions specified in the instant records and trial process, including the circumstances after the crime, shall be comprehensively considered and determined as ordered.