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(영문) 대전지방법원 홍성지원 2018.05.09 2018고단33
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] On March 21, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (driving alcohol) in the inn of the Suwon Friwon, on April 25, 2017, and was sentenced to a fine of KRW 4 million for the same crime. On June 14, 2017, the judgment became final and conclusive on June 22, 2017, by being sentenced to imprisonment of KRW 10 and suspension of execution of official duties by obstructing the execution of official duties in the Hongsung Branch Branch of the Daejeon District Court, on June 14, 2017.

[ 범죄사실] 피고인은 2017. 12. 10. 01:39 경 수원시 팔달구 인계동 some 모텔 주차장 앞 도로에서부터 같은 동 수원 시청 앞 도로에 이르기까지 약 500m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.115% 의 술에 취한 상태로 C 아반 떼 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and report on the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Traffic Act of a road with heavier punishment);

1. Selection of a selective fine (such as the reflection of the punishment, the fact that there are extenuating circumstances in light of the circumstances of the crime, the clear social relation, the criminal records exceeding the punishment or the fine, and if choose of imprisonment, the previous suspended sentence will be invalidated along with the sentence of imprisonment);

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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