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(영문) 춘천지방법원 강릉지원 2014.10.22 2014고단700
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On July 11, 2007, the Defendant was sentenced to a fine of 4 million won for the violation of the Road Traffic Act and the violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on July 11, 2007. On June 2, 201, the Defendant was sentenced to a suspended sentence of 8 months for the violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on October 13, 201 during the suspended period, and was sentenced to a suspended sentence of 6 months for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving). On October 21, 201, the sentence of the suspended sentence was invalidated on September 28, 2012 during the execution of each of the above sentence at the Gangseo Branch Branch Branch Branch of the Chuncheon District Court on July 7, 2012.

【Criminal Facts】

On July 7, 2014, at around 19:30, the Defendant driven C Poter truck with a blood alcohol content of about 0.211% while under the influence of alcohol without obtaining a driving license from around 30 meters from the 30-meter section of the 19th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (such as the same criminal records and the end of the execution of the sentence);

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 (to be taken into account the following reasons for sentencing):

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, who was sentenced to a punishment for drunk driving, etc. on September 28, 2012, was released on parole on November 7, 2012, and even after the parole period was expired on November 7, 2012, the crime was committed by drinking or driving without a license again after the lapse of one year and eight months.

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