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(영문) 전주지방법원 정읍지원 2019.07.16 2019고정84
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 8, 2010, the Defendant received a summary order of KRW 5 million as a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at regular branch court of the Jeonju District Court on October 8, 2010, and KRW 5 million due to a violation of the Road Traffic Act (driving) from the same support on August 6, 2014.

【Criminal Facts】

On November 27, 2015, the Defendant, despite the foregoing two or more occasions of drinking driving skills, driven a motor vehicle B-line without a motor vehicle driver’s license, while under the influence of alcohol 0.147% in the 2km section, from the front side of the C-V to the vicinity of 500 meters in D B-V.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, the ledger using a drinking measuring instrument, and notification of the control results of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant had a record of being punished twice as a fine due to drinking driving, drinking water, driving distance, and other defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing as shown in the argument of the case, including the circumstances after the crime, etc., shall be determined as the same as the order.

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