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(영문) 춘천지방법원 강릉지원 2015.12.10 2015고단996
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 May 30, 201, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Ulsan District Court on May 30, 201, and the Defendant was sentenced to a suspended sentence of imprisonment for six months with labor for a violation of the same Act at the Gangseo Branch Court of the Chuncheon District Court on June 18, 2015.

On August 19, 2015, at around 23:15, the Defendant: (a) moved to a car without a driver’s license at a section of approximately 200 meters from the front road of the “diculna” to the front road of the credit union located in the same Dong-dong from March 19, 2015, while under the influence of alcohol content of 0.064% without a driver’s license.

As a result, the Defendant, while driving a motor vehicle with no license, has violated the prohibition of driving at least twice under the influence of alcohol, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment (a summary defendant is in the period of suspension of execution for the same kind of crime, but is against the crime and whose blood alcohol concentration is not high shall be considered);

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

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

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