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(영문) 광주지방법원 순천지원 2014.04.16 2014고단66

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 30, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on April 30, 201, and a fine of KRW 1.5 million for the same crime in the same court on October 5, 2013.

Nevertheless, at around 17:30 on October 13, 2013, the Defendant driven a Dsti-type car under the influence of alcohol concentration of about 0.070% without a driver’s license at the section of about 15km, where the Defendant was under the influence of alcohol concentration of 0.070%, in front of the entrance of the Seocheon-si parking lot in the Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si.

Accordingly, the defendant, while driving a motor vehicle more than twice, has driven a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Report on the circumstances of a drinking driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, investigation reports (related to verification of results of the A-Disposition of a Suspect), previous records, and application of Acts and subordinate statutes to report;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.