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(영문) 대전지방법원 서산지원 2016.09.30 2016고단564
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

On September 27, 2013, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law in the Seosan Branch of the Daejeon District Court on September 27, 2013 and KRW 3 million for the same crime in the same court on July 1, 2016.

On August 4, 2016, at around 14:47, the Defendant driven B Poter II cargo under the influence of alcohol concentration of about 0.137% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 7 km in the direction of a police box for entertainment near the same military, from the vicinity of the New Jindo-Jindo-ri to the front of the police box for entertainment near the same military.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the Act and subordinate statutes to inquiries, such as the ledger of driver's license, criminal history, etc., and reporting of minor records and results;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine (the previous convictions of the same kind shall be twice, taking into account the fact that they have suffered from the same kind of punishment, drinking volume and reflective nature);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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