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(영문) 춘천지방법원 속초지원 2018.10.10 2018고단117

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the early branch of the Chuncheon District Court on March 21, 2016. On March 13, 2018, the same court had the record of receiving a summary order of KRW 3 million for the same crime. On June 30, 2016, the Defendant was sentenced to imprisonment with prison labor of KRW 1 year and 6 months and was sentenced to a probation on July 8, 2016, and the judgment became final and conclusive on July 8, 2016.

【Criminal Fact-finding on March 7, 2018, the Defendant driven a vehicle with low alcohol level of about 0.092% in a section of approximately 1.3km in blood alcohol level from the front of the NAF to the front of the 119 Center in the same side, which is located on the same side. The Defendant driven a vehicle with low alcohol level of about 0.3km without obtaining a driver’s license.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving in violation of the above provision, and was driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a minor offense not subject to disposition, and application of double Acts and subordinate statutes of summary order;

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 Defendant again committed the instant crime even though he/she was sentenced to a fine around March 2018, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, by driving alcohol without being aware of during the period of probation, while driving alcohol, etc., is disadvantageous to the Defendant.

However, it seems that the defendant reflects his fault in depth, and the defendant seems to fall short of his ability to judge as the second degree of intellectual disability.