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(영문) 광주지방법원해남지원 2020.11.19 2020고정88
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On December 1, 2009, the Defendant issued a summary order of KRW 700,000,000 for a fine due to a violation of the Road Traffic Act, etc. in the Gwangju metropolitan District Court’s support, and on June 29, 2010, issued a summary order of KRW 1 million for the same crime, etc.

【Criminal Facts】

Although the Defendant violated the provision on the prohibition of drunk driving as above, on April 9, 2020, the Defendant also driven Franb in the section of about 1 km from the front side of the road located in the Jeonnam Navy B in the same Do, under the influence of alcohol concentration of 0.036% without obtaining a motorcycle driver’s license at around 18:10 on April 9, 2020, to the front side of the oil station located in the same Gun D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Criminal history records, inquiry reports, attachment of criminal records, application of Acts and subordinate statutes in one copy of judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 (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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