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(영문) 대전지방법원 서산지원 2016.08.12 2016고단404
도로교통법위반(음주운전)
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

On July 2, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving in drinking), and KRW 4 million as a fine for the same crime in the same court on November 12, 2014, respectively.

On May 13, 2016, at around 00:15, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.072% in blood without obtaining a driver's license from a section of about 300 meters from a road where it is impossible to find out a place less than a drinking house in Seocho-si, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to the road 217 before the same city.

Accordingly, the defendant, who violated the prohibition of drinking without a driver's license on two or more occasions, driving a motor vehicle in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of the driver's license, the ledger of driver's license, and a reply to criminal history;

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 an alternative fine for punishment;

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

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

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