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(영문) 전주지방법원 군산지원 2014.11.17 2014고정299

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is the driver of the vehicle B.

On March 25, 2010, the Defendant was issued a summary order of 2 million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on March 25, 2010. On July 27, 2010, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on July 27, 2010, and was subject to criminal punishment on at least two occasions, the Defendant driven the said vehicle at approximately 20 meters in front of the naval Scki located in the Dong-dong of Jeonju District Court on April 18, 2014, even though he/she was subject to criminal punishment on drinking driving on at least two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (report accompanied by a copy of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order commits again the crime of this case even though the defendant was sentenced to a fine twice due to drunk driving, the defendant's timing of and reflects on the crime, the defendant's disposal of the vehicle and his compliance driving, the drinking water of this case is not high, and other various sentencing conditions as shown in the argument of this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, shall be comprehensively considered.