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(영문) 대전지방법원 논산지원 2015.04.10 2015고단52
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 April 12, 2012, the Defendant was issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act, and KRW 5,00,000 as a fine for the same crime on February 8, 2013.

On January 29, 2015, the Defendant, without obtaining a motorcycle driver's license from around 17:12, 2015, driven a B lutob while under the influence of alcohol with a blood alcohol concentration of about 0.069% from the 3km section of 3 km to the front road of the lutoluto-fluor traditional luto in the luto-fluoric fluoric fluoric fluoric fluorri

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into driver's license and the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records and other inquiries, investigation reports (report attached to previous records, court rulings and summary orders);

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 2 of Article 154 and Article 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of an alternative fine;

4. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant was sentenced to a fine for drinking alcohol and driving without obtaining a license on several occasions. On October 31, 2014, even if he was sentenced to a suspended sentence of two years and a fine of 300,000 won on October 31, 2014 in the Daejeon District Court Seosan Branch, the Defendant committed a crime during the period of the suspended sentence and committed a crime under the judgment during the period of the suspended sentence.

However, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant has divided and led to the confession of the crime, and other various circumstances shown in the arguments in this case, such as the age, character and conduct, environment and health conditions of the defendant.

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