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(영문) 광주지방법원 순천지원 2017.06.16 2017고단297
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On March 9, 2012, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of road traffic law (dacting driving) from the Gwangju District Court's Net Branch on March 9, 2012, and on May 10, 2016, the same court issued a summary order of KRW 5 million as a fine for a violation of road traffic law (dacting driving).

[2] On January 20, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on January 20, 2017, driven a BM5 motor vehicle from the roads adjacent to the Chocheon-si Municipal Ordinance of the relevant City to the end of the 109 U.S. Hacheon-si, in the state of under the influence of alcohol of 0.062% in blood while under the influence of alcohol during blood, to the end of the 109 U.S. car.

Accordingly, even if the Defendant was subject to criminal punishment twice or more as above, he/she was driving under the influence of alcohol, while driving under the influence of alcohol without a license.

around 00:54 on February 16, 2017, the Defendant operated approximately 230 meters BM5 car from the YM5 car to the roads near the Bocheon-si Ordinance of the relevant Dong without a driver's license.

Summary of Evidence

"2017 Highest 297"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References about criminal history and investigation reports (a copy of the summary order). "44 highest order 44";

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 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 is that the Defendant re-offending a crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act two times, even though he/she had been driven by drinking, and that he/she re-offending on February 16, 2017 after drinking or driving without a license on January 20, 2017, and that he/she commits a traffic accident on February 16, 2017.

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