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(영문) 광주지방법원 목포지원 2015.05.11 2015고단100
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 18, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (hereinafter referred to as a "driving") in the wooden Branch of the Gwangju District Court on December 18, 2008; on August 19, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (driving) at the Net Branch of the Gwangju District Court on August 19, 2009; on November 1, 2013, the judgment became final and conclusive on November 9, 2013.

On January 3, 2015, at around 00:07, the Defendant driven Ebeu or a car under the influence of alcohol without a vehicle driver’s license, from around 1km to around 00:10 on January 3, 2015, from around 00:10 on the front of the “D” road located in Yong-gun, Yong-gun, Yong-gun, Yong-gun, Youngnam, to around 188, at around 1km, with a 0.117% alcohol concentration without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power), investigation reports (verification of the fact during the period of suspension of the execution of the same attached power);

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) 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 drives a drinking again during the period of suspension of execution, but the nature of the crime is not weak in light of the fact that the defendant's mistake is divided and reflected, and the defendant tried not to leave the victim of the assault case to the police along with the perpetrator of the assault case in order to undergo an investigation as the victim of the assault case and brought about the case in this case.

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