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(영문) 전주지방법원 군산지원 2013.03.29 2012고합306
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 23, 2006, the Defendant issued a fine of 2.5 million won for the violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on November 23, 2006, and the above court issued a summary order of 3 million won for the same crime, etc. on February 26, 2007 and has a record of drinking driving twice or more.

On October 2, 2012, at around 21:53, the Defendant, without a driver’s license, driven a Crocketing car in the section of about 3 km away from the road near the Yasan-si in the south-dong of 0.142% of alcohol content while under the influence of alcohol without a driver’s license, to the road near the Yasan-si in the Yasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a person who has more severe punishment).

3. Selection of an alternative fine;

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

5. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant had been punished twice due to drunk driving, etc., but is not less liable for the crime of drunk driving or unlicensed driving in this case. However, the defendant's intention not to drive under the influence of alcohol again while seriously resisting the defendant, and the fact that the defendant has no record of the suspension of execution or higher due to the same kind of crime, and the defendant's age, power, occupation, family relationship, and circumstances leading to the crime in this case shall be determined as per the disposition.

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