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(영문) 대전지방법원 2017.06.27 2017고단1429
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On October 8, 2012, the Defendant issued a summary order of KRW 3 million for a violation of road traffic laws at the Daejeon District Court of Daejeon on May 10, 2016, the Daejeon District Court issued a summary order of KRW 3 million for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the violation of Road Traffic Act (drinking) and the violation of the Act on Road Traffic, and violated the prohibition on driving under drinking at least twice.

[2] On April 7, 2017, the Defendant driven CM5 car under the influence of alcohol content of about 0.085% while under the influence of alcohol content at around 300 meters without obtaining a driver’s license from the front of the mutually unclaimed restaurant located in the Jung-gu Daejeon, Daejeon, Daejeon to the 553 Liberel parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 each alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: The history of punishment for driving under the influence of alcohol has already been punished twice due to the occurrence of a traffic accident, etc., and the circumstances favorable to the fact that driving under the influence of alcohol without being aware of the occurrence of a traffic accident, such as the occurrence of a traffic accident, etc.: The higher amount of alcohol concentration in the blood is not generated; there was no particular punishment history other than three times of a fine; the fact that there was no particular punishment history other than the three times of a fine; the Defendant’s family members are also members of the family.

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