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(영문) 대전지방법원 홍성지원 2014.01.24 2013고단914
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 28, 2013, the Defendant, without obtaining the driver’s license at around 23:30 on August 28, 2013, driven D-type car driving at approximately 200 meters away from the Yanannam-dong, Yannam-dong, Yannam-dong, Yannam-dong, Busan Metropolitan City, to the same Yannam-dong, Yannam-dong, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry the results of the drinking driving control;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 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 is that the Defendant had been punished for six times since 2001 due to drinking or unlicensed driving. In particular, since it was sentenced to a fine of KRW 1 million due to a drunk driving in 2011 and was sentenced to a fine of KRW 1.5 million due to a non-licensed driving in 2012, there is no room for the Defendant to repeatedly choose the same act in addition to imprisonment with prison labor.

However, the defendant seems to repent his mistake, and is against the truth, and the defendant is in the position to support old-parents who have difficulty in living due to cerebrovascular, etc. and three children who are yet students, so if he was sentenced to imprisonment without prison labor or a heavier punishment and is removed from the workplace which is a public corporation, it may cause serious problems to one family's livelihood. The blood alcohol concentration at the time of the crime of this case is relatively insignificant to 0.058%, and the distance of driving was less than 200 meters, and the defendant again does not drive or drive without permission.

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