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(영문) 광주지방법원 순천지원 2016.10.17 2016고정376
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On November 21, 2006, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on November 21, 2006, and a fine of one million won for the same crime in the same court on October 31, 2008.

【Criminal Facts】 Around April 23, 2016, the Defendant driven a 0.159% alcohol concentration in the blood alcohol level at around 18:10 on April 23, 2016, and without obtaining a driver’s license, the Defendant driven B 125CC at the section of approximately 200 meters, from the 105 Hacheon-si, Hacheon-si, Hacheon-si, Hacheon-si, Hacheon-si, Hacheon-si, Hacheon-si, Hacheon-si, YY

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control (record 15 pages) and the driver's license ledger;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine (the amount of a fine shall be reduced partially in consideration of the defendant's age, career, occupation, health status, etc., along with the fact that the risk of a fine is relatively lower than that of a motor vehicle, as a Lao drinking or a driver without a license, other than the criminal records in the judgment);

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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