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(영문) 전주지방법원 남원지원 2014.07.01 2014고정43
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On February 8, 2007, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a crime of violation of the Road Traffic Act at the Gwangju District Court on one-year basis. On August 30, 2012, the Defendant was issued a summary order of two million won as a fine for a crime of violation of the Road Traffic Act at the Busan District Court's Net Branch of the Gwangju District Court on the other hand.

【Criminal Facts】

On March 26, 2014, at around 20:25, the Defendant driven the Defendant’s e-mail, which was not covered by mandatory insurance without obtaining a driver’s license from approximately 500 meters section of alcohol content at around 0.084% under the influence of alcohol in front of the high-speed restaurant located in the Don-si, Namwon-si, Namwon-si to the front road in the same Donwon branch of the Korea Electric Power Center located in the same Don-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of criminal records and investigation reports (former records and attachment of court rulings, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 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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