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(영문) 대전지방법원 홍성지원 2017.11.02 2017고정111

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 3, 2009, the Defendant was sentenced to a suspended sentence of 6 months due to a violation of road traffic law in the Daejeon District Court's red support, etc., and was sentenced to a suspended sentence of 7 million won or more due to a violation of road traffic law in the same court on February 29, 2012, and was sentenced to a summary order of 7 million won or more due to a violation of road traffic law in the same court on February 29, 2012.

On April 6, 2016, around 18:07, the Defendant driven B cargo vehicles with alcohol concentration of 0.157% while under the influence of alcohol without obtaining a driver’s license in front of a vehicle on the roads of a coastal post office located in the 137-ro, Mapo-gun, Incheon, Seopo-gu, Incheon.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver;

1. The circumstantial report of the driver employed at the main place;

1. Ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of criminal records of the same kind as the suspect and attachment of judgment);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;