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(영문) 대전지방법원 공주지원 2016.11.25 2016고단312
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On November 17, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of two million won or more for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court on November 17, 2006, and by issuing a summary order of a fine of four million won or more for the same crime in the same court on September 5, 2014.

On July 30, 2016, at around 22:40, the Defendant driven a vehicle mandatory insurance without obtaining a driver’s license, from a restaurant where it is impossible to know the trade name in Yangsan-si, to the 20km section from the cafeteria to the tyna road in the Kimhae-si, and without having obtained a driver’s license, the Defendant driven a vehicle Bless car with a blood alcohol level of 0.083% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on detection of suspected victims of violating the Road Traffic Act (driving, etc. on drinking), register of driver's licenses, and mandatory insurance association;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Binding copies of decisions related to the same kind of electric power) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be selected by a fine in consideration of the fact that he/she has a criminal record of the same kind, makes a confession and reflect

In this context, the defendant's age, character and conduct, family environment, blood alcohol concentration, frequency and frequency of drunk driving, circumstances after the crime, etc. shall be determined as ordered by considering various circumstances.

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