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(영문) 대전지방법원 홍성지원 2013.11.13 2013고단800
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 29, 2013, at around 05:20 on August 29, 2013, the Defendant started from the street before the mutually aesthetic cluster in the budget-Eup of the Chungcheongnam-gun budget, and driven a motor vehicle B New Franch with no driver's license without a motor vehicle driver's license, with approximately 300 meters of alcohol level 0.221% of alcohol level, from the 300-meter section to the Dan class of the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of next time inquiry (16 pages of investigation records);

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) 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 selective fines for sentencing (the following factors, etc. that describe the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime of this case at the same time, even though he had been sentenced to a fine in the year 2013 as a crime of violating the same Road Traffic Act, at the same time, even though he had not been far known, the elements for sentencing are unfavorable. Meanwhile, the father of the defendant wanting to have the defendant's wife, and the defendant appears to be against the defendant when he led to the confession of the crime of this case, etc. shall be considered as the factors for sentencing favorable to the defendant. In addition, the defendant shall be prior to the punishment of the fine only once by comprehensively taking into account all the conditions for sentencing specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, and circumstances,

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