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(영문) 대전지방법원 천안지원 2015.11.06 2015고정852
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

[criminal power] On December 9, 2013, the Defendant was sentenced to a suspension of execution of imprisonment with labor for three months on July 7, 2015 by the Daejeon District Court for the violation of the Road Traffic Act (driving). On March 11, 2015, the same court was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On June 29, 2015, the judgment became final and conclusive on July 7, 2015 by the same court.

【Criminal Facts】

The defendant is a person who drives a observer car in B.

Although the Defendant had had a history of driving two or more times as above, on May 19, 2015, the Defendant driven a approximately 300-meter distance from the front day of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul, under the influence of alcohol by 0.073% without a driver’s license, at around 21:48, the Defendant driven the said vehicle at a distance of about 300 meters from May 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the results of the crackdown on drinking driving, the results thereof, and the report on the state of drinking drivers;

1. The driver's license ledger;

1. Previous convictions in judgment: Criminal records and criminal investigation reports and the application of each Act and subordinate statutes;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes (the crimes concerned and the crimes of obstruction of performance of official duties for which judgment has become

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

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

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