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(영문) 대전지방법원 서산지원 2014.04.24 2013고정333
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 14, 2013, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on March 14, 2013, and a summary order of KRW 500,000 for the same offense in the same court on the same day.

On July 17, 2013, at around 22:05, the Defendant driven a B emulent-type car under the influence of alcohol concentration of 0.242% without obtaining a driver’s license in approximately 300 meters from the Jeju Yandong, Seog-si to the Seosan Yannam-dong, Seosan-si.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accidents, report on detection of a de facto driver, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry records, and application of each statute of the judgment;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) even though the Defendant was punished for driving under the influence of alcohol on or around March 2013, 2013, he/she re-driving on or around July 2013. At the time of the instant case, it is recognized that the Defendant’s blood alcohol content was considerably high by 0.242% at the time of the instant case, but the Defendant appears to have difficulty in settling in the Republic of Korea; (b) the Defendant’s father and mother are not good health; and (c) the Defendant’s motive and circumstance of the instant crime; (d) the circumstances after the commission of the crime; and (e) the Defendant’s economic situation, etc., the details of the instant

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