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(영문) 춘천지방법원 2018.06.20 2017고단1321
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 8, 2017, the Defendant driven a E-Poter 2 cargo vehicle under the influence of alcohol content of 0.127% in blood, without obtaining a driver’s license in a section of about 500 meters in the same time from the street 1159 p.m. to the street 149 p.m. in writing, the Defendant, around 19:50 on November 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, a survey report on actual condition of drivers, a report on the detection of drivers at the main driver, the ledger of driver's licenses for automobiles (A), internal investigation reports (application of the aforementioned dmark), and inquiry about the results of crackdown on drinking driving (the above dmark) and the application of the relevant statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is the sentencing factors unfavorable to the Defendant, such as: (a) the Defendant, on one occasion by driving without a license in 2012; (b) was under the influence of a vehicle without a driver’s license, without being aware of the fact that the Defendant had been punished once due to driving without a license in 2013; (c) was under the influence of a driver without a license; (d) the driving without a license; (e) the blood alcohol concentration at the time of the instant crime was high; and (e) while driving a traffic accident while driving a vehicle.

However, the defendant appears to be against his will to keep the defendant from committing the crime of this case again, and the defendant was prosecuted only by drinking and driving without a license, and there was no record of being sentenced to more severe punishment than suspension of qualification for the same crime. While the defendant committed the crime of this case during the suspension of execution during the suspension of execution (the crime of this case is committed during the suspension of execution).

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